Kalispell, MontanaKalispell Brain Injury
Kalispell Brain Injury Lawyers: TBI and Concussion Claims After Flathead Valley Crashes, Falls and Assaults
Boland Aarab PLLP.
A traumatic brain injury can be serious even when the scans look normal and the person “seems fine.” In Kalispell, a TBI claim is usually proven through medical records, neuropsychological testing and the people who knew the injured person before. Most Montana claims must be filed within three years, in the Eleventh Judicial District Court or in federal court in Missoula.
Changed since a crash or fall in the Flathead Valley? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How do brain injuries happen in and around Kalispell?
- Winter falls on ice. From November into spring, parking lots, sidewalks, steps and entryways in Kalispell, Whitefish and Columbia Falls can turn to ice, especially after a thaw and refreeze. A fall backward onto pavement is a classic cause of brain injury, particularly for older adults. A business or landlord that fails to reasonably address known ice hazards can be responsible.
- Vehicle crashes. Rear-end crashes on Idaho Street and US-2 through Evergreen, intersection crashes at the bypass roundabouts, and high-speed crashes on the two-lane highways. A brain injury doesn’t require hitting your head. Rapid acceleration and deceleration can injure the brain inside the skull.
- Motorcycle and bicycle crashes on Going-to-the-Sun Road, MT-35 and valley roads, even with a helmet.
- Recreation. Collisions with another skier or snowboarder, guided-trip accidents, and falls caused by defective equipment. Montana’s skier statutes place the inherent risks of skiing on the skier, but another person’s negligence is different.
- Work injuries. Falls from height and struck-by injuries in construction, logging and mills.
- Assaults. Injuries from an assault at a bar, event or business with inadequate security.
What happens after a brain injury in Kalispell?
Get evaluated, and follow up. The CDC says concussion symptoms may not appear for hours or days (CDC). Logan Health Medical Center in Kalispell is the region’s largest hospital and lists neurosurgery among its trauma services. Logan Health – Whitefish also has an emergency department. After the emergency visit, tell your primary provider about headaches, memory problems, light or noise sensitivity, sleep changes, irritability or trouble concentrating. Ask whether you should be referred to a neurologist or for neuropsychological testing. In a rural region, getting that testing may mean a trip to Missoula, Spokane or beyond. It is worth it, both for your health and for your case.
Build the proof over time. Brain injury cases are won on detail:
- The treating record: emergency records, follow-up visits, therapy notes.
- Neuropsychological testing, comparing your results to expected norms.
- “Before and after” witnesses: coworkers, supervisors, friends and family who can describe the change.
- Work and school records that show a decline.
We help clients and families document symptoms, because insurers routinely argue that a “mild” TBI resolved in weeks. The CDC notes that even mild TBI can have serious effects (CDC).
Reports and court. The responding agency’s report comes from:
- the Kalispell Police Department in town;
- the Flathead County Sheriff’s Office in the county;
- the Montana Highway Patrol on highways.
For a fall on a business’s property, write down the date, time and conditions, photograph the ice, and ask the business to preserve its video. If the case is filed, it goes to the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. Cases against national retailers, property managers or out-of-state drivers are often removed to the federal Missoula Division.
Montana law that applies
The basics; our Montana brain injury lawyer page explains more.
- Premises and negligence: property owners and others must use ordinary care (§ 27-1-701, MCA).
- Future harm: recoverable when “certain to result in the future” (§ 27-1-203, MCA), including lost earning capacity and future care.
- Shared fault: your recovery is reduced by your share, if it is not greater than the defendants’ (§ 27-1-702, MCA).
- Deadline: 3 years for most claims (§ 27-2-204, MCA). Claims against the City of Kalispell or Flathead County for a sidewalk or road condition require written notice (§ 2-9-301, MCA).
- Minors and incapacity can affect the limitations period (§ 27-2-401, MCA).
Why hire a Great Falls firm for a Kalispell case?
We are based in Great Falls and handle brain injury cases throughout Montana. Our attorneys travel to Kalispell to meet clients and families, take depositions and attend hearings, and to Missoula for federal court. A brain injury case takes patience and a close relationship with the family. We work directly with clients, not through case managers.
The Boland Aarab Way
- We prepare for trial. Our attorneys have spent more than 4,000 hours in the courtroom, and insurers value TBI claims differently when they know a jury will hear them.
- We protect verdicts on appeal. We had a $168,500 jury verdict reinstated by the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- We handle federal cases: more than 40 in the District of Montana over nine years.
- We are active in the trial bar: both attorneys belong to AAJ and MTLA.
We also handle car accident cases in Kalispell and catastrophic injury cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I slipped on ice outside a Kalispell business and hit my head. Do I have a claim? Possibly, if the business knew or should have known about the ice and didn’t take reasonable steps. Photograph the area, report it, and ask the business to keep its video.
My CT scan was normal. Can I still have a brain injury? Yes. Many concussions and mild TBIs don’t show up on a CT scan. Symptoms, follow-up care and neuropsychological testing are how these injuries are documented.
Where can I get neuropsychological testing near Kalispell? Ask your treating provider for a referral. In northwest Montana, testing may require travel to Missoula, Spokane or elsewhere. We help clients plan for it.
Who pays after a crash on US-2 caused my concussion? Usually the at-fault driver’s insurer, and possibly your own UM/UIM coverage. When liability is clear, Montana law may require the insurer to pay medical bills before settlement.
Where would my Kalispell brain injury case be filed? In the Eleventh Judicial District Court at the Flathead County Justice Center, or in the federal court in Missoula if an out-of-state defendant removes it.
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.
