Missoula Brain Injury Lawyers

Missoula Brain Injury lawyer icon, Boland Aarab PLLP

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Missoula Brain Injury Lawyers: Traumatic Brain Injury, Concussion and Head Injury Claims in Missoula County

Boland Aarab PLLP.

A brain injury can be life-changing even when the scans look normal and the person looks fine. If a crash, fall, assault or other accident in the Missoula area left you or a family member with a traumatic brain injury or lasting concussion symptoms, you may have a claim for the medical care, lost earnings and changes to daily life that follow. Most injury claims must be filed within 3 years.

Key Takeaways

  • The CDC says even a “mild” traumatic brain injury or concussion can have serious effects (CDC), and some symptoms may not appear for hours or days (CDC).
  • Brain injuries are usually proven through the treating record, people who knew you before, and neuropsychological testing, not a single scan.
  • Missoula is home to the Brain Injury Alliance of Montana, a statewide support organization (BIAMT).

Living with a brain injury after an accident in western Montana? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What brain injury resources exist in Missoula?

Missoula has more brain injury support than most Montana communities, and families should know about it:

  • Trauma care. Moderate and severe head injuries in western Montana are usually treated at Providence St. Patrick Hospital, which DPHHS lists as an ACS Level 2 / State Regional Trauma Hospital, often after transfer from a smaller hospital in the Bitterroot, the Mission Valley or Mineral County (DPHHS). Community Medical Center is also a designated trauma hospital.
  • The Brain Injury Alliance of Montana, founded in 1987 and based on South Third Street West in Missoula, offers free statewide services, including a brain injury helpline, support groups and resources for families (BIAMT). Connecting with support is good for recovery, and it can also help you describe changes that are hard to put into words.
  • The University of Montana has a Neural Injury Center, and Missoula’s medical community includes neurologists, neuropsychologists and rehabilitation therapists who can evaluate and treat lasting symptoms.

How do brain injuries happen around Missoula?

  • Vehicle crashes, including rear-end crashes on Reserve Street, where a Missoula safety plan found most crashes are rear-ends, turning crashes and crossing crashes at or near intersections (Reserve Street Safety Action Plan). Rear-end impacts can cause concussions even at modest speed.
  • Bicycle, e-bike and pedestrian crashes, common in a city with heavy university, trail and downtown foot and bike traffic. A cracked helmet is evidence; keep it.
  • Falls, on icy steps and parking lots during Missoula’s long winters, at construction sites, and in care facilities for older adults.
  • Recreation injuries caused by someone else’s negligence, such as a defective product or an unsafe commercial operation.
  • Assaults, including in and around bars and events. A claim may lie against the attacker and, in some cases, against a business that failed to provide reasonable security.

What happens after a brain injury in Missoula?

  1. Get evaluated, and follow up. Tell every provider about headaches, memory problems, light or noise sensitivity, sleep changes, irritability or trouble concentrating. The CDC notes symptoms can be delayed. Those notes become the record of the injury.
  2. Ask the people around you to notice. Family members, co-workers, teachers and friends are often the first to see personality changes, forgetfulness or fatigue. Their observations, before and after, are some of the most persuasive evidence in a brain injury case.
  3. Get the right testing. When symptoms persist, neuropsychological testing can measure changes in memory, attention and processing speed that a CT scan will not show.
  4. Be cautious with insurers. Insurers often argue that a “mild” brain injury should have resolved. A careful medical record and a consistent history are the strongest answers.
  5. The court. A Missoula brain injury case that does not settle is filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court), or, if an out-of-state defendant removes it, in the Missoula Division of the federal court at the Russell Smith Federal Courthouse (U.S. District Court, Missoula). Missoula County jurors, many of whom know someone affected by a brain injury, are asked to weigh evidence that is sometimes invisible.

Montana law that applies

  • Future harm that is reasonably certain is compensable (§ 27-1-203, MCA).
  • Shared fault reduces, but does not bar, recovery unless your share is greater than that of those responsible (§ 27-1-702, MCA).
  • Deadline: generally 3 years (§ 27-2-204, MCA). For children, special tolling rules may apply.

For more on proving a brain injury, see our Montana brain injury lawyer page.

Why hire a Great Falls firm for a Missoula case?

We are based in Great Falls and handle brain injury cases statewide. These cases depend on careful medical proof, the right experts, and lawyers who can explain an invisible injury to a jury. Our attorneys travel to Missoula for meetings, depositions, hearings and trial, and we are patient with clients who need information repeated or written down.

The Boland Aarab Way

  • We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
  • We protect verdicts. When a jury’s $168,500 verdict for our client in a rear-end crash case was set aside, the Montana Supreme Court reinstated it on our appeal (Voegel v. Salsbery, 2023 MT 137).
  • We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
  • You work with the lawyers. The attorneys handling your case are the ones you talk to.

We also handle Missoula bicycle accident and Missoula catastrophic injury cases, and other Missoula personal injury claims.

Frequently Asked Questions

My CT scan at St. Patrick Hospital was normal. Can I still have a brain injury? Yes. Many concussions and mild traumatic brain injuries do not show on a CT scan. Ongoing symptoms and neuropsychological testing are often the proof.

Where can my family get brain injury support in Missoula? The Brain Injury Alliance of Montana, based in Missoula, offers free statewide services, including a helpline and support groups.

I was rear-ended on Reserve Street and now have headaches and memory problems. Should I see a doctor again? Yes. Delayed and lingering symptoms are common. Tell your doctor exactly what you are experiencing so it is in your record.

Can I bring a claim if I was assaulted outside a Missoula bar? You may have a claim against the attacker, and possibly against the business if it failed to take reasonable security steps. The facts matter.

How long do I have to file a brain injury claim in Montana? Generally 3 years for negligence claims, with shorter deadlines for assault claims and malpractice.

Talk to a Missoula Brain Injury Lawyer

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

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.