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Montana Dram Shop Lawyers

Montana’s dram shop laws can help the injured party in a drunk driving accident. The Advocates law firm has years of experience in this practice area. Call us today for free consultation.

A Dram Shop Attorney Can Help Your Case 

Alcohol and motor vehicles do not belong together. Every year, Montanans have personal injury claims stemming from drunk driving. It is unfair, and injured victims like you deserve compensation for your pain and suffering. 

Everyone who contributed to your personal injuries should be held accountable—from the drunk driver to the establishment that overserved them.  

That is where dram shop liability comes in.  

With these laws, The Advocates can take decisive legal action on your behalf. We promise to negotiate with insurance companies, help put liens on your medical expenses, and hold the liable parties accountable. Contact us today for a free consultation.

The Next Steps in Your Montana Dram Shop Case

Injury

Immediately after your accident, check for injuries

Hire Attorney

Contact The Advocates as soon as possible to begin the road to recovery

Property Damage

Get the damage on your car assessed and fixed

Treatment

Seek medical treatment as soon as you can

Finish Treatment

Once you’ve completed treatment, your attorney will compile your medical records

Demand

Your Advocate will send a demand letter to the other party

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency fee basis, which means that our attorney fees are calculated as a percentage of your settlement. We don’t get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will gather evidence, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own. 

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an Advocate, we will investigate your accident to firmly establish liability. 

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to a few years. It’s important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Dram Shop Professionals Assigned to Your Case  

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

We can help you: 

  • Understand the claims process 
  • Investigate your accident 
  • Work together with you towards a full resolution of your injuries 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

Talking to a Professional

Talk to a professional

Montana’s Dram Shop Laws

Young bartender standing at bar counter with customer laughing joyfully

What is dram shop law? 

Draw shop laws are codified under Montana Code Annotated § 27-1-710. It establishes civil liability for injuries involving consumption of alcoholic beverages.  

Liquor liability applies to two groups: 

  • Licensed alcohol vendors: Restaurants, bars, liquor stores, etc. 
  • Social hosts: Individuals who provide alcohol services in private settings. 

Conditions for liability 

For a licensed vendor, there are two scenarios where they may held accountable for intoxicated patrons. 

If they knowingly served: 

  • A visibly intoxicated person 
  • Someone under 21 

“Knowingly” means the server was aware or should have been reasonably aware of the intoxication.  

For socials hosts, it is a bit different. They can be held accountable when: 

  • They knowingly provided alcohol to someone under 21 
  • The underage person went on to cause personal injury or wrongful death of others 

The difference is that social hosts are not liable for serving visibly intoxicated adults. 

Young group of people drinking at a house party
Close up focus on courtroom microphone with attorney in the background.

The injured party can still be liable 

Montana has a comparative fault system. If the victim was partially to blame for the accident, their compensation may be reduced by their percentage of fault.  

Personal Injury Laws

Medical bill from the hospital, concept of rising medical cost.

The damages you can sue for in a dram shop claim 

Every case is different. The damages we will sue for depend on what injuries and loss you sustain from the accident. 

The following are commonly sought damages in a personal injury case:    

  • Medical expenses 
  • Pain and suffering  
  • Lost wages and loss of future earnings   
  • Non-economic damages such as emotional trauma   
  • Funeral expenses for a family member 

Common dram shop accident injuries    

Car accidents with drunk drivers often result in terrible injuries. 

Here are the most common injuries accident victims have:  

  • Bruising and lacerations   
  • Muscle strains   
  • Whiplash   
  • Broken teeth   
  • Dislocated joints   
  • Disfigurement  
  • Broken bones   
  • Internal damage   
  • Spinal cord injuries   
  • Head injuries and traumatic brain injuries   
  • Emotional distress 
  • Wrongful death of a loved one 

Statute of limitations for dram shop cases 

You have two years to file a dram shop claim for personal injury, wrongful death, and property damage stemming from the unlawful serving of alcohol. 

When Should I Hire a Montana Dram Shop Attorney?

The Advocates care most about the attorney-client relationship. Your well-being is our priority. 

Which is why our legal advice is to reach out to us right after the accident. It’s easy to forget the forget the importance of a dram shop liability case when you’re drowning in medical debt and trying to rehab. 

All it takes is a phone call to our law offices in Lewistown, Great Falls, Billings, or Missoula, and we will take your case from there. 

The people of this great state deserve justice after a drunk driving accident. You deserve it. You deserve an Advocate. 

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