Damages Available in Car Accident Cases in Montana
You’ve likely suffered significant damages if you’ve been injured in a Montana car accident. The good news is that various types of legal damages are available to car accident victims after a lawsuit. Dealing with the aftermath of a car accident is stressful enough. It’s essential to understand all the different categories in which you can receive monetary compensation following a Montana car accident.
What are Damages?
Damages are a legal term that refers to the monetary compensation awarded to someone who has suffered a physical injury or financial loss. Suffering damages is the reason that many individuals decide to take legal action after a car accident. Damages can be broken down into different categories, reflecting the situations where financial compensation is available to plaintiffs.
Compensatory Damages
Compensatory or “actual” damages are available for injuries and losses resulting from a car accident. They intend to make the injured party whole again and reimburse them for their loss. There are economic and noneconomic damages within compensatory damages.
Economic Damages
Economic damages are funds recovered for tangible losses. They are objective and quantifiable. Typical economic damages include medical expenses, property damage, reimbursement for lost wages, funeral costs, and other expenses relating to the accident.
Non-Economic Damages
Non-economic damages are intangible and meant to cover losses that are subjective and not easily quantifiable. They may be awarded for categories such as pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and many others.
Punitive Damages
Punitive damages are less common than other damages but are still a viable option in certain situations. This category of damages is meant to punish the offender for engaging in unlawful conduct. In Montana, punitive damages are available when the defendant has been found guilty of actual fraud or actual malice. The actual malice standard applies to car accident cases. A defendant is guilty of actual malice if the defendant has knowledge of facts or intentionally disregards facts that create a high probability of injury to the plaintiff. For example, an impaired driver who drives over fifty miles per hour over the speed limit may be found to have acted with actual malice because they disregarded the known risk that their conduct could injure another person.
Comparative Fault Laws in Montana
Montana follows the modified comparative fault theory. Under this legal theory, courts evaluate the fault of all the parties involved in an accident. Based on this evaluation, they determine which parties are entitled to damages from the accident and how much they should receive. In Montana, parties who are 51% or more at fault for the accident cannot receive compensation.
Find Out What Your Car Accident Claim is Worth
With many potential damages available, it may be difficult to ascertain how much your Montana car accident claim is worth. If you don’t know what you are entitled to following an accident, you may accept an offer far below what you are owed. Instead of missing out on valuable compensation, contact the dedicated car accident attorneys at Beck, Amsden & Stalpes. With over 150 years of collective experience, we know how to get you the money you deserve after a car accident. Contact a Bozeman car accident lawyer today for a free consultation.