Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Montana personal injury cases, recoverable damages include reasonable costs for medical treatment and related travel. To claim travel expenses for medical appointments, follow these steps:
1. Identify Eligible Travel Expenses
Travelling to and from medical appointments qualifies as special damages. Eligible expenses often include:
- Mileage costs at the IRS standard rate
- Fuel receipts
- Parking fees and tolls
- Public transportation fares or ride-share costs
2. Keep Detailed Records
Maintain a contemporaneous log or diary noting:
- Date of each appointment
- Starting point and destination
- Odometer readings or map-based mileage
- Costs for parking, tolls, or transit
3. Preserve Supporting Documentation
Collect and save:
- Appointment notices and medical bills confirming dates
- Fuel and parking receipts
- Ride-share or public transit invoices
4. Calculate Your Travel Costs
Apply the IRS standard mileage rate to your logged miles (for 2024, 67 cents per mile), then add any out-of-pocket expenses. Keep calculations clear and itemized.
5. State Your Claim in Pleadings
Under Mont. R. Civ. P. 9(g), special damages must be specifically stated in your complaint. List your total travel expense demand with documentation references.
6. Disclose Damage Details Before Trial
Local rules and Mont. R. Civ. P. 26(a)(1)(C) require early disclosure of damage items. Provide defense counsel with your travel logs and receipts.
7. Present Your Claim at Trial or in Settlement
Use your logs, receipts, and medical appointment records to support your claim. Judges rely on well-organized evidence when ruling on uncontested travel costs.
Applicable Montana Statutes
Montana law authorizes recovery of medical care expenses in personal injury actions. See MCA § 27-1-316 for recoverable medical expenses in personal injury cases.
Helpful Hints
- Start your mileage log at the onset of treatment.
- Use a smartphone app to track trips automatically.
- Keep copies of all invoices in a dedicated folder.
- Review IRS mileage rate updates each year.
- Discuss any unusual expenses with your attorney early.