Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Montana attorney for advice about your situation.
Detailed Answer
Under Montana law, you may recover compensation for any injury that arises from someone else’s negligence, including minor soft tissue injuries and muscle pain. These conditions fall under “bodily injury,” which is broadly defined to cover physical harm to your body, no matter how minor. To include them in your claim, you must show a causal link between the accident and your symptoms, provide credible documentation, and prove resulting damages.
1. Defining Bodily Injury
Montana law defines bodily injury to include any impairment of physical condition or pain and suffering resulting from an accident (Mont. Code Ann. § 27-1-1102). Even if the injury is soft tissue in nature—sprains, strains, whiplash, muscle aches—you can claim it.
2. Proving the Causal Connection
You must show that the other party’s negligent act (for example, a car crash, slip and fall, or workplace incident) caused your soft tissue injury. To build this link:
- Seek immediate medical care. A documented exam ties your pain to the incident.
- Obtain diagnostic reports (e.g., X-rays, MRIs) or clinical notes describing your symptoms.
- Keep a symptom journal. Note pain levels, mobility changes, and treatment dates.
3. Calculating Damages
Once you prove causation, you can recover:
- Medical expenses: bills for examinations, therapy, medications, and future treatment.
- Lost wages: income lost during recovery.
- Pain and suffering: subjective but compensable if you present credible medical and lay testimony.
4. Mind the Deadline
Montana gives you three years to file a personal injury lawsuit from the date of injury (Mont. Code Ann. § 27-2-204(1)). Missing this deadline usually bars your claim forever.
Helpful Hints
- Document every medical visit. Insurance adjusters scrutinize gaps or delayed care.
- Follow treatment plans diligently. Non-compliance can weaken your claim.
- Get a second opinion if recovery stalls. A specialist’s report strengthens your case.
- Keep copies of all bills and receipts. You’ll need exact figures for medical and wage losses.
- Consult an experienced personal injury attorney before settling. Soft tissue claims often undervalue pain and suffering.