A serious auto accident can change a life in a matter of seconds. Car accident injuries can result in hospitalization, lingering pain, lost income from work and the inability to enjoy activities that were once an important part of your life. In cases of catastrophic injuries or a brain injury, an individual may lose the ability to carry out even the most basic functions of life.
When an accident is caused by the negligence of another driver, that driver can be held liable for any resulting injuries in a civil lawsuit. Negligence is a legal term that means the failure to use reasonable care. In the context of operating a motor vehicle, negligence can mean any number of things, including speeding, texting and driving, failing to yield the right of way, driving too fast for weather or road conditions, or failing to stop at a stop sign or traffic light. It includes driving while intoxicated or while impaired by drugs.
To recover compensation for injuries suffered in a car accident, the injured party must prove the other driver was primarily at fault, as well as the fact and amount of damages. Evidence in the form of witness statements and physical evidence such as skid marks and damage to vehicles can be used to show fault. Medical bills and income records from work can be evidence of damages.
In addition to out-of-pocket losses like medical expenses and lost wages, the injured party may also be entitled to general damages for things like pain and suffering and loss of enjoyment of life. The jury can base an award of these damages on testimony by the injured party as to the effect of the accident on their life.
We represent injured car accident victims in the Billings area and throughout Montana. For more information on car accident compensation, visit our website.