Are you a resident of Montana facing a personal injury lawsuit?
Facing a lengthy legal battle could leave you struggling financially, unable to afford medical bills, mortgage or rent payments, and other living expenses. At Nova Legal Funding, we can provide you with immediate financial support within 24 hours.
Personal injury lawsuits are often complex in nature, often taking months, or even years before a settlement is reached, and you receive compensation for your injuries. Unfortunately, insurance companies know this and have been known to use stalling tactics to delay the process even further in the hope that the financial strain will force you to accept a lower settlement than you may be entitled to.
Plaintiffs with a personal injury lawsuit pending in Montana may rely on pre-settlement funding in order to cover living expenses during the case duration.
Here at Nova Legal Funding, we provide a superior alternative to lawsuit loans as our cash advances are wholly non-recourse. Personal injury plaintiffs in Montana are not required to pay anything back in the event of losing a case, so applying for lawsuit funding is risk-free.
You can start the legal funding process with Nova Legal Funding at any time during your lawsuit. Get in touch with our financial experts, who are on hand to provide fast and simple pre-settlement to give you the space you need to negotiate your settlement with an attorney.
Laws and Regulations of Lawsuit Funding in Montana
Important Montana Legal Information
|Avg. Funding per case from Nova Legal Funding||Nova can fund anywhere from $500 up to $2,500,000 depending on case value.|
|Fault Laws||Modified Comparative Fault – 51% Bar Plaintiff’s negligence, if less than total defendant’s portion of fault, will reduce his recovery. Mont. Stat. § 27-1-702.|
|Statute of Limitations||3 years Title 27, Ch. 2, 27-2-204 and 27-2-207|
|Minimum policy limits for bodily injury & property damage||$25,000 bodily injury liability per person $50,000 bodily injury liability per accident $20,000 property damage liability per accident|
|Minimum UIM auto insurance limits||Liability: 25/50/20|
|Workers compensation eligibility||Eligible|
In Montana, any worker who is injured on the job can receive compensation for medical bills, lost wages, and permanent injuries as a direct result of the injury. All employers must carry workers’ compensation insurance, which covers all injuries or illnesses that occur over employment. Only injuries that occur while performing your work duties or running work-related errands are covered by workers’ compensation. This covers traumatic injuries and occupational illnesses.
To begin a claim for workers’ compensation, plaintiffs need to report the injury to the employer immediately, or within 30 days from the date of the accident. A First Report of Injury (FROI) must be completed and handed to the employer, the insurance company, or the Montana Department of Labor and Industry within a year of the accident, or any compensation risks being denied.
If a worker’s compensation claim has been denied, or there is a dispute with the insurance company about settling benefits, a plaintiff has the option to challenge the insurance company’s decision. This generally begins with a mediation conference to try and resolve the issue without needing to file a case. However, if a settlement isn’t reached, a hearing before a workers’ compensation judge may be requested. If the case isn’t resolved, it is taken to the Montana Supreme Court.
This is often a long process, and a plaintiff may require lawsuit funding to ease any financial strain.
You will be ineligible for pre-settlement funding from Nova Legal Funding if you have applied for a loan elsewhere for the same case.
Montana Personal Injury Law: How Does it Affect Legal Funding?
The statute of limitations for personal injury cases in Montana is three years. This means you, as the plaintiff, have three years from the date of the accident to file a lawsuit against the parties responsible for injuries sustained. After this time has passed, it is highly unlikely the court will hear your case, meaning you lose out on any compensation you may have been owed.
Montana’s judicial system works under the modified comparative law, which means you are able to recover some losses even if you’re a little at fault for the accident. Under Montana law, a plaintiff can only recover damages if they’re up to 50% to blame for the accident. However, if the plaintiff is found to be 50% or more at fault for the accident, they are barred from collecting any money.
If two or more parties are found to be at fault, including the plaintiff, the jury will decide the percentage attributed to each party, working out the total amount owed to the plaintiff. Any money owed is dependent on how much blame the courts have assigned to each party. For example, if the total damages for the accident equal $10,000, but the jury finds the plaintiff is 40% at fault, only $6,000 can be collected.
Montana is a “fault” or “at-fault” state regarding car insurance. This means that, in the event of a car accident, the first option is to sue the driver at fault. In the event that they are uninsured or underinsured, the plaintiff is able to file a claim with their own insurance company.
Many states cap the amount of damages a plaintiff is entitled to, which limits the amount of compensation an injured person can get. In Montana, non-economic damages, such as “pain and suffering” in medical malpractice cases are capped at $250,000. This cap is applied per patient, so if multiple people are injured by a single act of medical malpractice (such as failing to use sterile equipment) then each patient’s individual damages are capped at $250,000.
In Montana, the law regarding dog bites makes the owner “strictly liable”. Regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by the dog.
Notable Personal Injury Lawyers in Montana
There are a number of highly skilled and experienced personal injury lawyers based in Montana who would be delighted to take on your case:
Odegaard Miller Law, PLLC
1601 Lewis Ave #101, Billings, MT 59102
Judnich Law Office
501 S Russel St, Missoula, MT 59801
619 2nd Ave S, Great Falls, MT 59405
Angel Coil & Barlett
125 W Mendenhall St #201, Bozeman, MT 59715
Mc Keon Law PLLC
600 Dewey Blvd Suite C, Butte, MT 59701
Drake Law Firm PC
111 N Last Chance Gulch #3J, Helena, MT 59601
Bliven Law Firm
704 S Main St, Kalispell, MT 59901
Car Accident and Fatality Statistics in Montana
According to preliminary data, 2018 showed the lowest number of traffic fatalities on Montana roads in almost 70 years. Reports show that 181 people died in the state as a result of traffic crashes over the year.
Can you get a loan on a car accident settlement? At Nova Legal Funding, we offer pre-settlement loans for citizens of Montana involved in car accident cases. The most common cases we cover are:
- Pedestrian accident
- Car accident
- Tractor trailer accident (truck accident)
- Bus accident
- Bicycle accident
- Motorcycle accident
Our financial advisors have the skills and experience to take on the lawsuit funding of your personal injury case in Montana. Contact our team for a free evaluation of your case, and find out more about the benefits of a Montana lawsuit loan.
Montana Lawsuit Funding FAQs
How do I know if I qualify for lawsuit funding in Montana?
Personal injuries caused by another party automatically qualify for lawsuit funding. As a general rule, if your accident occurred within Montana state lines and you sustained significant injuries, you will automatically qualify for a free and quick application.
Is it a lawsuit loan or cash advance?
Often referred to as a lawsuit loan, the funding we offer at Nova Legal Funding is actually an advance against your eventual lawsuit settlement. Importantly, the cash advance is considered non-recourse. This means that if you lose your case, you are not required to pay back the money borrowed. We only collect if you win your case or obtain a settlement.
Does it matter how I spend the lawsuit funding?
Lawsuit funding is available to those who need financial support during a personal injury lawsuit. However, there are no restrictions or guidelines as to how you spend your lawsuit cash advance. Some of the plaintiffs we’ve worked with in Montana use the money to pay off outstanding debts, cover their mortgage or rent payments, afford medical bills, or simply to help with daily living expenses.
Apply For Lawsuit Funding in Montana Now
At Nova Legal Funding, we have the skills and experience to take charge of all lawsuit funding in Montana. Our funding specialists are on hand 24/7 to serve personal injury plaintiffs. Contact our team today for a free evaluation of your case, or for more information about the benefits of a Montana lawsuit loan.
Call us toll-free at (213) 340-5082 to speak with a friendly funding specialist today.