Practice areaPersonal Injury
Great Falls & Montana Personal Injury Lawyers: Accident, Serious Injury and Wrongful Death Attorneys
Boland Aarab PLLP.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Boland Aarab PLLP is a Great Falls personal injury law firm of trial lawyers. We represent people who have been seriously hurt, and families who have lost someone, because of another person’s or company’s carelessness. Our office is downtown, the first consultation is free, and we work on a contingency fee.
Key Takeaways
- Most Montana injury and wrongful-death lawsuits must be filed within 3 years (§ 27-2-204, MCA). Medical malpractice claims generally have 2 years and must first go to the Montana Medical Legal Panel (§§ 27-2-205, 27-6-301, MCA).
- You can recover even if you were partly at fault, as long as your share is not greater than the defendants’ combined (§ 27-1-702, MCA).
- Claims against a county or city must be presented to its clerk, and claims against the State to the Department of Administration, before suit (§ 2-9-301, MCA).
- Cascade County cases are heard in the Eighth Judicial District Court (§ 3-5-101, MCA). Federal cases are heard in the U.S. District Court’s Great Falls Division.
On this page: Cases we handle · Our record · Great Falls courts · After an injury · How a case works · Deadlines · Shared fault · Damages · Cost · Your lawyers · Why Boland Aarab · FAQ
Hurt in Great Falls or anywhere in Montana, or lost a family member? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What personal injury cases do we handle in Great Falls?
We handle serious injury and wrongful-death cases of every major kind, in Great Falls and across Montana. Each practice area has its own page with the Montana law that applies:
Vehicle crashes
- Car accidents: rear-end, intersection, head-on and highway crashes, and claims involving uninsured and underinsured drivers.
- Great Falls truck accident lawyer: 18-wheelers, semis, logging and grain trucks, and other commercial vehicles governed by federal safety rules.
- Motorcycle accidents: crashes caused by drivers who fail to see or yield to riders.
- Bicycle accidents: cyclists hit on city streets, trails and rural highways.
Work and industry
Medical and catastrophic injuries
Beyond injury cases
- Data privacy and data breach: claims for Montanans whose medical, financial or employment data was exposed.
- Appeals: appeals to the Montana Supreme Court and the Ninth Circuit, including defending our clients’ verdicts.
More practice areas
We also handle claims against government entities, such as the civil-rights and municipal-negligence cases described below. If your situation does not fit a category, call anyway. We will tell you whether we can help, and if we cannot, we will try to point you toward someone who can.
Why does it matter that your lawyers try cases?
Because insurance companies value a claim by asking who will try it if it does not settle. A lawyer who never goes to trial gets offers that reflect that. We build every serious case as if it will be tried and then appealed, and our record shows it:
- More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties.
- More than 4,000 hours in the courtroom.
- Voegel v. Salsbery, 2023 MT 137. After a rear-end crash, a Phillips County jury returned a $168,500 verdict for our client. When the trial court threw it out and ordered a new trial, we appealed. The Montana Supreme Court reinstated the verdict.
- Jack v. City of White Sulphur Springs. A Meagher County jury returned a $115,000 net verdict for a family whose home flooded when the city’s stormwater system failed, a municipal-negligence case the city contested through trial.
- Estate of Alexander v. Cascade County. A $550,000 civil-rights and wrongful-death settlement for the family of a man who died in custody at the Cascade County Detention Center, in federal court in Great Falls.
- More than 40 cases in the U.S. District Court for the District of Montana over the past nine years, and two arguments by Samir Aarab before the Ninth Circuit.
- An appellate record that reaches back to 1977. See our appellate results.
See all of our case results.
Where will a Great Falls injury case be heard?
Most Great Falls injury cases are filed in Cascade County District Court, but some belong in federal court, and some end in an appellate court. Knowing each one matters.
Cascade County District Court (Eighth Judicial District). Montana’s Eighth Judicial District is Cascade County (§ 3-5-101, MCA). It is the state court of general jurisdiction for Great Falls and the county, and it sits at the Cascade County Courthouse on 2nd Avenue North. Most car-crash, premises, medical malpractice and wrongful-death cases arising in Cascade County are filed there, and a jury drawn from the county decides them. We try cases in this court, and we have taken its rulings to the Montana Supreme Court. In Konesky v. Keller, 2021 MT 214N, an appeal from the Eighth Judicial District, the Supreme Court reversed a summary judgment against our client and sent the case back for trial (appellate summary).
U.S. District Court for the District of Montana, Great Falls Division. Federal court sits in Great Falls at the Missouri River Federal Courthouse. Cases land there when they arise under federal law, such as civil-rights claims, or when an out-of-state company, such as a national trucking carrier or insurer, removes a state case to federal court. Estate of Alexander v. Cascade County was litigated in the Great Falls Division. Federal court has its own rules, schedules and expectations, and our attorneys have handled more than 40 cases in the District of Montana.
Other district courts. Injuries do not respect county lines. We handle cases in district courts across the state, including jury trials in Phillips, Meagher and Yellowstone Counties.
The appellate courts. Appeals from any Montana district court go to the Montana Supreme Court. Appeals from the federal court go to the U.S. Court of Appeals for the Ninth Circuit. We practice in both; see our appeals page.
What should you do after an injury in Great Falls?
- Get medical care right away, and follow through. Gaps in treatment are used against injured people, and some serious injuries, including brain injuries, are not obvious at first.
- Report the incident: call the Great Falls Police Department, the Cascade County Sheriff or the Montana Highway Patrol after a crash, and report a workplace injury to your employer in writing.
- Document everything: photos of the scene, vehicles, hazards and injuries; names and phone numbers of witnesses; the other driver’s insurance.
- Keep the evidence: damaged vehicles, products, clothing and dash-camera video.
- Be careful with insurance adjusters. You do not have to give the other side’s insurer a recorded statement, and you should not sign a release or accept a quick check before you know the full extent of your injuries.
- Stay off social media about the incident and your injuries.
- Talk to a lawyer early. Video is overwritten, vehicles are repaired, and companies keep some records for only months.
How does a personal injury case work?
Most cases move through the same stages, though no two are identical:
- Free consultation. We listen, review what you have and tell you honestly whether you have a case.
- Investigation. We gather records, send preservation letters, inspect vehicles or products, and work with qualified experts where the case calls for it.
- Medical treatment and documentation. We track your treatment and your losses as they develop, so the claim reflects the whole injury, not just the first few weeks.
- Claim and negotiation. When the injuries are understood, we present the claim to the insurers. Many cases resolve here.
- Lawsuit. If an insurer will not be fair, we file suit, usually in Cascade County District Court or federal court in Great Falls.
- Discovery. Each side exchanges documents, takes depositions and discloses experts.
- Mediation. Most Montana courts expect the parties to try to settle with a neutral mediator before trial.
- Trial. A jury hears the evidence and decides fault and damages.
- Appeal. If the losing side appeals, or the court makes a legal error, the case goes to the Montana Supreme Court or the Ninth Circuit.
We prepare every serious case for steps 8 and 9 from the beginning. That preparation is what drives fair offers at step 4.
How long do you have to file a personal injury claim in Montana?
Usually 3 years, but some deadlines are much shorter:
| Claim | Deadline |
|---|
| Most injury claims (car, truck, premises, product) | 3 years (§ 27-2-204(1), MCA) |
| Wrongful death | 3 years (§ 27-2-204(2), MCA) |
| Assault, battery and certain other claims | 2 years (§ 27-2-204(3), MCA) |
| Medical malpractice | 2 years from injury or discovery, and no more than 5 years from injury in most cases; the claim must go to the Medical Legal Panel before suit (§§ 27-2-205, 27-6-301, MCA) |
| Claims against the State, a county or a city | Written claim presented first (§ 2-9-301, MCA) |
| Workers’ compensation notice to employer | 30 days (§ 39-71-603, MCA) |
| Railroad worker (FELA) claims | 3 years (45 U.S.C. § 56) |
Special rules can extend or shorten these periods, such as for injured children. For a claim against the State, the Department of Administration has 120 days to act, and the limitations period is tolled for 120 days once the claim is received (§ 2-9-301(2)). Do not count on any deadline without advice about your own case. And remember that the evidence clock usually runs faster than the legal one.
What if you were partly at fault?
You can still recover in Montana if your share of fault is not greater than the fault of the defendants combined, including certain nonparties the jury considers. Your damages are reduced by your percentage of fault (§ 27-1-702, MCA). If a jury finds you 20% at fault for a crash, for example, your award is reduced by 20%. If it finds you 51% at fault, you recover nothing.
Insurers know this rule well. Expect them to argue that you were speeding, not paying attention, or ignoring your doctor. Part of our job is to meet those arguments with evidence.
What can you recover in a Montana injury case?
Montana law allows full compensation for the harm another person’s negligence caused. Depending on the case, damages can include:
- Medical expenses, past and future, including surgery, therapy, equipment and long-term care.
- Lost wages and lost earning capacity, when an injury shortens or ends a career.
- Pain and suffering, physical and emotional.
- Loss of the established course of life: the things you can no longer do.
- Disfigurement and permanent impairment.
- Wrongful death and survival damages for the family and the estate (§§ 27-1-513, 27-1-501, MCA).
- Punitive damages where a defendant acted with actual malice or actual fraud, subject to Montana’s statutory limits (§§ 27-1-220, 27-1-221, MCA).
Some claims have caps. Noneconomic damages in medical malpractice cases are limited by statute (§ 25-9-411, MCA), and claims against government entities are subject to their own limits. We will explain which rules apply to your case.
The value of a case is never a formula. It depends on the injury, the evidence of fault, the insurance available, and how well the losses are proved. For life-changing injuries, that means a lifetime view: what care you will need, what work you can still do and what the injury has taken from your life.
How much does a personal injury lawyer cost?
Nothing up front. We handle personal injury cases on a contingency fee: our fee is a percentage of what we recover for you, and if there is no recovery, you owe no attorney fee. We explain the fee and how case costs are handled in a written agreement before we start, so there are no surprises. The first consultation is free and carries no obligation.
Who will handle your case?
The lawyers you meet. Boland Aarab PLLP is a two-partner firm, and the attorneys who brief and argue cases before the Montana Supreme Court and the Ninth Circuit are the attorneys who handle your case from the first call.
Caitlin Boland Aarab is a trial lawyer and partner. She is a member of the American Association for Justice and serves as an AAJ Governor, and she serves on the Board of the Montana Trial Lawyers Association.
Samir F. Aarab is a trial lawyer and partner. He is a member of the American Association for Justice, the Montana Trial Lawyers Association and Public Justice, and he has argued twice before the Ninth Circuit.
The Boland Aarab Way
We are trial lawyers, and we build every serious case as if it will be tried and then appealed, because the cases that matter most often are.
- We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. When a Phillips County jury’s verdict for our client was thrown out, we took it to the Montana Supreme Court and had it reinstated (Voegel v. Salsbery, 2023 MT 137).
- We hold institutions accountable, from a city whose stormwater system failed to a county jail, in state and federal court.
- We know federal court. More than 40 cases in the District of Montana over the past nine years, including in the Great Falls Division.
- We are here. Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401, a few blocks from the Cascade County Courthouse.
- We tell you the truth. If your case is not one we can win, we will say so.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where else do we handle personal injury cases?
We are based in Great Falls and handle injury cases across Montana, including Billings, Missoula, Helena, Bozeman, Butte and Kalispell, and the rural counties of north-central and eastern Montana.
Frequently Asked Questions
How much does a personal injury lawyer in Great Falls cost? We work on a contingency fee, so there is no up-front cost and no attorney fee unless we recover money for you. The first consultation is free.
How long do I have to file a personal injury lawsuit in Montana? Generally 3 years for injury and wrongful-death claims (§ 27-2-204, MCA). Medical malpractice claims generally have 2 years (§ 27-2-205, MCA), and claims against government entities require a written claim first (§ 2-9-301, MCA).
Can I still recover if I was partly at fault? Yes, if your share of fault is not greater than the combined fault of the defendants. Your award is reduced by your percentage of fault (§ 27-1-702, MCA).
Which court handles personal injury cases in Great Falls? Most are filed in Cascade County District Court, Montana’s Eighth Judicial District. Cases under federal law, or against out-of-state companies that remove them, are heard in the U.S. District Court’s Great Falls Division.
Should I talk to the other driver’s insurance company? You can report the claim, but you do not have to give the other side’s insurer a recorded statement. Talk to a lawyer before you do, and before you sign anything.
Do most personal injury cases go to trial? Most settle. But the offers that settle them depend on whether the insurer believes your lawyers will try the case. We prepare every serious case for trial.
What is my personal injury case worth? It depends on the injury, the proof of fault, your losses and the insurance available. We will give you an honest assessment after we understand your injuries and the evidence.
Can I sue the city or county for an injury in Great Falls? Yes, in many cases, but you must first present a written claim to the city or county clerk (§ 2-9-301, MCA), and special limits apply. We have taken a municipal-negligence case to verdict and resolved a civil-rights case against Cascade County.
Talk to a Great Falls Personal Injury Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Sources: § 27-2-204, MCA · § 27-2-205, MCA · § 27-6-301, MCA · § 27-1-702, MCA · § 2-9-301, MCA · § 3-5-101, MCA · § 27-1-513, MCA · § 27-1-501, MCA · § 27-1-220, MCA · § 27-1-221, MCA · § 25-9-411, MCA · § 39-71-603, MCA · 45 U.S.C. § 56
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
