Missoula, MontanaMissoula Catastrophic Injury
Missoula Catastrophic Injury Lawyers: Life-Changing Injuries, Amputations and Permanent Disability Claims in Western Montana
Boland Aarab PLLP.
A catastrophic injury changes everything: work, family, independence and the cost of the rest of a life. For people hurt anywhere in western Montana, the path often runs through Missoula’s regional trauma hospital and then back home to a small town far from specialists. A strong claim puts a real number on that lifetime of care and lost earnings. Most Missoula County cases are filed in the Fourth Judicial District Court.
Key Takeaways
- Montana law allows compensation for “all the detriment” a wrongful act causes, including harm “certain to result in the future” (§§ 27-1-202, 27-1-203, MCA).
- A life-care plan and an earning-capacity analysis turn future losses into numbers a jury can rely on.
- Most injury claims must be filed within 3 years (§ 27-2-204, MCA); malpractice deadlines are shorter.
If you or someone you love suffered a life-changing injury in western Montana, we can help. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does western Montana’s trauma system affect a catastrophic injury case?
Missoula is where the most serious injuries go. Montana’s Department of Public Health and Human Services designates trauma facilities by region. In its Western Region list, Providence St. Patrick Hospital in Missoula is the only “ACS Level 2 / State Regional Trauma Hospital.” Community Medical Center in Missoula, Bitterroot Health – Daly Hospital in Hamilton, St. Luke in Ronan, Providence St. Joseph in Polson and Clark Fork Valley Hospitals in Plains are Community Trauma Hospitals, and Mineral Community Hospital in Superior is a Trauma Receiving Facility (DPHHS). A person badly hurt on I-90 near Superior, on U.S. 93 in the Bitterroot, or on a logging road in the Seeley-Swan is often stabilized locally and then taken to Missoula by ground or air.
That matters to a case in several ways:
- The records are spread out. Ambulance, first hospital, air transport, Missoula trauma care and later rehabilitation each create their own records. We gather all of them, because together they show how severe the injury was from the first minute.
- Some care happens outside Montana. Certain specialized rehabilitation and burn care may require treatment in other states. Travel, lodging and family time away from work are real costs.
- Home is far from the specialists. A patient who returns to Hamilton, Thompson Falls or Seeley Lake may live an hour or more from therapy and follow-up care. A life-care plan should account for that distance, including travel, missed work for caregivers, and in-home help that is harder to find in rural areas.
- Winter changes the picture. Snow and ice on I-90 through Hellgate Canyon, Evaro Hill and Lolo Pass can make every medical trip harder for someone using a wheelchair or needing daily care.
What causes catastrophic injuries around Missoula?
The causes we see in western Montana include high-speed crashes on I-90 and U.S. 93, semi-truck and log-truck collisions, motorcycle crashes on U.S. 12 and MT 200, workplace injuries in construction and timber, pedestrian and bicycle crashes in town, burns and explosions, and medical errors. Each has its own rules, and some, like claims against government entities and malpractice claims, have special notice requirements or shorter deadlines.
What happens after a catastrophic injury in Missoula?
- Focus on care. Recovery comes first. Let family handle calls from insurers, and do not sign anything from the other side’s insurer.
- Preserve evidence early. Vehicles, equipment, scene photos and video can disappear quickly. We send preservation letters and, where needed, bring in reconstruction or engineering experts.
- Build the lifetime picture. We work with treating doctors and, when appropriate, life-care planners, vocational experts and economists to document future medical care, equipment, home changes, lost earning capacity and the non-economic losses that come with a permanent injury.
- Find all the insurance. Serious injuries often exceed a single policy. We look at every liability policy, umbrella coverage and your own underinsured motorist coverage.
- The court. A 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 in the county where the injury happened or a defendant lives. Cases against out-of-state companies may be moved to the Missoula Division of the federal court at the Russell Smith Federal Courthouse (U.S. District Court, Missoula), which covers eight western Montana counties.
Montana law that applies
For more on life-care plans and damages, see our Montana catastrophic injury lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle catastrophic injury cases statewide. These cases require experts, time and the willingness to try the case, and we build each one for trial from the start. Our attorneys travel to Missoula and to clients’ homes across western Montana for meetings, depositions, hearings and trial, so you do not have to travel while you recover.
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 was set aside, we took it to the Montana Supreme Court and had it reinstated (Voegel v. Salsbery, 2023 MT 137).
- We hold institutions accountable. We won a $115,000 net jury verdict against a city (Jack v. City of White Sulphur Springs) and obtained a $550,000 civil-rights and wrongful-death settlement (Estate of Alexander v. Cascade County).
- 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.
We also handle Missoula spinal cord injury and Missoula brain injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was flown to St. Patrick Hospital from another county. Where is my case filed? Usually where the injury happened or where a defendant lives, which may or may not be Missoula County. We explain which courts are proper and help you choose among them.
Can a life-care plan include the cost of traveling to Missoula for treatment? Yes. When a person lives far from needed care, travel, lodging and caregiver time can be part of future damages.
What if my care had to continue outside Montana? Out-of-state treatment costs are recoverable when they are reasonable and caused by the injury. Keep every bill and travel record.
What if the at-fault driver’s insurance is not enough? We look for every liability and umbrella policy, and your own underinsured motorist coverage may add to the recovery.
How long do I have to file a catastrophic injury claim in Montana? Generally 3 years for negligence claims, with shorter deadlines for malpractice and notice rules for claims against government entities.
Talk to a Missoula Catastrophic 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.
