Disclaimer: This blog post is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Detailed Answer: Documenting and Pursuing Compensation for Exacerbation of Pre-Existing Injuries in Montana
When a car accident aggravates a prior injury, you may recover damages for the additional harm. Under Montana law, you can claim all losses caused by the accident even if you had a pre-existing condition.
1. Seek Immediate Medical Evaluation
Obtain prompt medical care after the crash. A doctor will record your baseline condition and note any worsening of symptoms. This documentation is vital to prove causation and damage.
2. Compile and Compare Medical Records
Gather records from before and after the accident. Compare imaging studies, treatment notes, and diagnosis codes. Highlight differences that show increased pain, limited mobility, or new complications.
3. Preserve Evidence and Document Symptoms
Maintain a pain diary to track daily symptoms, medication use, and functional limitations. Take photographs of injuries and record how the accident exacerbated your condition.
4. Notify Insurance Companies
Inform your insurer and the at-fault party’s insurer in writing. Provide medical records and a detailed description of how your pre-existing injuries worsened. Keep copies of all correspondence.
5. Consult a Personal Injury Attorney
An attorney can assess your case, gather expert medical opinions, and help calculate damages. They can also negotiate with insurers to reach a fair settlement.
6. Calculating Damages Under Montana Law
Montana law allows recovery for economic and non-economic losses caused by the accident. See MCA Title 27, Chapter 1, Part 3 for types of damages. You can claim:
- Economic damages: medical expenses, rehabilitation costs, lost wages.
- Non-economic damages: pain and suffering, emotional distress.
- Future damages: ongoing treatment, reduced earning capacity.
Montana uses pure comparative negligence. Under MCA §27-1-704, your award reduces by your percentage of fault.
7. File a Claim Before the Statute of Limitations
You generally have two years from the accident date to file a lawsuit. See MCA §27-2-204. Missing this deadline may bar your claim.
8. Settlement and Trial
Your attorney will negotiate with insurers to secure compensation. If negotiations fail, you can file a lawsuit and proceed to trial. A judge or jury will assess evidence and award damages.
Helpful Hints
- Keep a detailed pain and symptom diary.
- Photograph visible injuries and accident scene.
- Organize all medical bills and receipts.
- Secure expert medical opinions on injury aggravation.
- Track all communication with insurers in writing.
- Note any lost time at work or changes in daily activities.