Butte, MontanaButte Brain Injury
Butte Brain Injury Lawyers: Traumatic Brain Injury and Concussion Claims from Crashes, Falls and Work Accidents in Butte-Silver Bow
Boland Aarab PLLP.
A traumatic brain injury, even one called “mild,” can change how a person thinks, works and relates to family. If someone else’s negligence caused a brain injury in Butte, the claim is usually heard in the Second Judicial District Court in Butte or the federal Butte Division, and most claims must be filed within three years.
Did you or a loved one suffer a brain injury? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How do brain injuries happen in and around Butte?
- Crashes. Rear-end collisions at the Harrison Avenue and Montana Street interchanges, rollovers on Homestake and Elk Park, and motorcycle and bicycle crashes all cause brain injuries, sometimes without any blow to the head. Rapid acceleration and deceleration alone can injure the brain.
- Struck-by accidents at work. On mine, rail, construction and industrial sites, workers are hit by falling objects, swinging loads and moving equipment. A hard hat reduces the risk but does not eliminate brain injury.
- Falls. Falls on ice, on stairs or from ladders are a leading cause of head injury, and for older adults a fall on a slick Butte driveway or parking lot can cause a brain bleed that is not obvious at first.
- Assaults and security failures, where a property owner or business failed to take reasonable steps to protect guests.
Why are brain injuries so often missed or minimized?
The CDC defines a TBI as an injury that affects how the brain works, and says even a “mild” TBI or concussion can have serious effects (CDC). Some symptoms may not appear for hours or days (CDC).
That creates a familiar pattern. A person is seen in the emergency department, has a normal CT scan and goes home. Weeks later, the headaches, memory problems, irritability, sensitivity to light or noise, and trouble concentrating have not gone away, and the insurer points to the “normal” scan.
A normal CT scan does not rule out a brain injury. The proof usually comes from:
- the treating record, including symptoms reported from the first visit forward;
- neuropsychological testing, which measures memory, attention, processing speed and other functions;
- advanced imaging in some cases; and
- the people who knew you before: family, co-workers, supervisors, teachers and friends who can describe the change.
In a close-knit community like Butte, that last kind of evidence can be especially strong. The co-worker who worked beside you for years, the neighbor or the coach who knew you before the injury can explain to a jury what a test score cannot.
What happens after a brain injury in Butte?
Get checked, and follow up. St. James Healthcare in Butte is an ACS Level III / State Area Trauma Hospital (DPHHS, Nov. 2025). After the emergency visit, follow up with your doctor and ask about referral to a neurologist or for neuropsychological testing if symptoms continue. Specialty testing may mean travel outside Butte; keep track of that time and mileage.
Keep a journal. Write down symptoms, missed work and the things you can no longer do. Ask a family member to do the same.
Be careful at work. Many Butte jobs involve heavy equipment, heights or safety-sensitive duties. Returning too early is dangerous. Follow your doctor’s restrictions and keep copies.
Get the reports. The Montana Highway Patrol handles most interstate crashes (crash records); the Butte-Silver Bow Law Enforcement Department handles crashes and incidents in town.
The court. A Butte brain injury case filed in state court goes to the Second Judicial District Court, the court for Silver Bow County (§ 3-5-101(2), MCA), at 155 West Granite Street. Out-of-state defendants may remove the case to the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse (mtd.uscourts.gov).
Montana law that applies
Briefly. Our Montana traumatic brain injury lawyer page explains more.
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA).
- Damages include harm “certain to result in the future,” such as ongoing therapy and lost earning capacity (§ 27-1-203, MCA).
- Shared fault reduces but does not bar recovery unless yours is greater than the defendants’ combined (§ 27-1-702, MCA).
- Whether you wore a seat belt is not admissible in a Montana injury case (§ 61-13-106, MCA).
Why hire a Great Falls firm for a Butte case?
Brain injury cases are won by lawyers who understand the medicine and can make an invisible injury visible to a jury. We are based in Great Falls and handle cases statewide. Our attorneys travel to Butte to meet with you and the people who know you best, to take depositions of treating providers, and to attend hearings and trial.
We do not have a Butte office. Our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- Trial preparation from day one: more than 4,000 hours in the courtroom and more than a dozen jury trials.
- Results that hold: we had a $168,500 jury verdict for a rear-end crash victim reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- Federal court experience: more than 40 cases in the District of Montana over nine years.
- Active trial-bar members: AAJ and MTLA, with Samir Aarab also a member of Public Justice.
We also handle car accident cases in Butte and motorcycle accident cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
My CT scan at St. James was normal. Can I still have a brain injury? Yes. Many concussions and mild TBIs do not show on a CT scan. Ongoing symptoms should be followed up, and neuropsychological testing can document the injury.
Who can help prove how the injury changed me? Family, co-workers, supervisors and friends who knew you before. Their descriptions of the change are often some of the most persuasive evidence.
I work on a mine or rail crew in Butte. When can I go back? Only when your doctor clears you. Safety-sensitive work after a brain injury can be dangerous, and your restrictions should be documented.
My elderly father fell on an icy Butte parking lot and had a brain bleed. Is there a claim? There may be, if the property owner or manager failed to take reasonable steps to clear or treat the ice. Act quickly, because the conditions and any video are soon gone.
How long do I have to file? Generally three years under Montana law, with shorter or special rules for some claims, including those against government entities.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
