What happens when liability for an accident is shared?
Liability is a legal term for fault or blame. In an accident, it is important to determine liability for all parties involved. If you are partly liable for the accident, then you can still file a claim against the other party under Montana’s comparative negligence rule. However, if your liability exceeds that of the other party, then you can’t file a claim.
How long do I have to file a personal injury claim in Montana?
You, generally, have three years from the date of the accident to file a personal injury claim under Montana’s personal injury statute of limitations. If no claim is filed by the time the statute expires, then none can be filed after. Even if you have strong evidence to show that you are owed compensation from the defendant, the court will more than likely reject your claim before it can gain traction.
What is the difference between a settlement and an award?
A settlement is an agreement between the plaintiff and the defendant in which the defendant provides compensation to the plaintiff. Settlement agreements don’t need the court’s intervention and can’t be appealed once they are signed. An award is issued as part of a court order, in which the court requires the defendant to pay compensation to the plaintiff. Unlike a settlement, an award or verdict can be appealed.