PERSONAL INJURY

For many years, the “common law” has recognized that people owe duties to one another – essentially to act with reasonable care in their dealings with other people and their property. When someone breaches that duty, and a personal or property-related injury results, we often have legal recourse.

When you or a loved one has been injured, many questions arise. For example, should I have my own insurance company or Medicare pay my medical bills? What deadlines exist for suing the responsible party? Can I be compensated for lost wages if I am not able to work?

The answers to those questions are best found with the help of an experienced lawyer. We thoroughly prepare your case after taking it on, to get you a fair result. We will, among other things, get a complete copy of any police report or accident report, order copies of medical records and bills, contact witnesses, and contact the insurance companies, both the responsible party’s and your own. You may have coverage under your own policy, even if you are not at fault. These different sources of compensation are needed while you recover from the injury. We seek to spare you the work and hassles of protecting yourself legally.

Always remember that, if you settle with an insurance company and sign a release, you are giving up your right to claim additional compensation, even if your injuries turn out to be more serious than you originally believed. Therefore, an injured person should not settle — i.e., accept a final payment — without very careful consideration and advice.

When you are ready to settle or sue, it is important to know how to place a value on your claims. Many factors go into this, including researching years’ worth of Montana verdicts in similar cases and calculating medical bills that may arise in the future. In some cases, your future earning ability may have been affected, which must be calculated. Insurance companies, even if they admit that their insured was at fault, will often make offers that are on the low end, to say the least. Never feel pressured to accept an offer or “rush into” settling without having reached a point where you are ready.

For accident and personal injury cases, we charge on a contingency fee basis. This means that, if we do not obtain a settlement or verdict in your favor, we do not receive a fee.

After an accident, you may be contacted by the responsible party’s insurance company and asked to do a recorded interview. You are not required to give an interview if you do not choose to do so. If we represent you, we would be present for any such interviews.

In addition, you may hear from the insurance company and/or any unpaid health care providers. Again, once we become involved we generally handle those matters for you, under your guidance.

Some accidents are so serious that they take the life of one or more people. These are a special type of personal injury case, called a wrongful death and/or a “survival” action. In these times, that person’s loved ones are often overwhelmed. A good personal injury lawyer can help by taking on as many of the burdens and inconveniences as possible, allowing the family to focus on learning to move forward.

When a death is involved, many questions arise. For example, who will pay any medical bills that were incurred? What deadlines exist for suing the responsible party? Can the family be compensated for lost income?

When someone dies through another’s negligence and a lawsuit must be filed, the executor or “personal representative” or his or her estate would be the one to file it. Our law firm handles estates as well as other matters, and would set up the estate on the family’s behalf.

There are also legal issues involved in determining whether there is also a “survival action” available, in addition to a wrongful death action. This type of claim arises when the injured person survived for some amount of time – even if only for a very short period – before death.

When we assist with wrongful death cases, we will, among other things, get a complete copy of any police report or accident report, order copies of medical records and bills, and contact the insurance companies involved. As stated, this law firm can also handle all of the probate and estate issues.

When the family is ready to settle or sue, it is important to know how to place a value on the wrongful death and survival claims. Many factors go into this, including researching Montana verdicts in similar cases and calculating lost income, pain and suffering, loss of “consortium” (the care, companionship and affection that the deceased person provided), and other considerations. Insurance companies, even if they admit that their insured was at fault, will often make offers that are on the low end, to say the least. If a fair offer cannot be obtained, your personal injury lawyer will file a lawsuit on your behalf and, if necessary, try the case before a Montana jury.

For wrongful death and survival cases, we charge on a contingency fee basis. This means that, if we do not obtain a settlement or verdict in your favor, we do not receive a fee.

When you or a loved one has been injured, many questions arise. For example, how do we determine who is at fault for the accident? Should I have my own health insurance or Medicare pay my medical bills? Do I need to sue the responsible person, and, if so, what deadlines exist? Can I be compensated for lost wages if I am not able to work?

The answers to those questions are best found with the help of an experienced lawyer. When we represent an injured person, we get a complete copy of any police report or accident report, order copies of medical records and bills, talk to witnesses, and contact the insurance companies, both the responsible party’s and our client’s own insurer. If applicable, we contact Medicare or Medicaid on your behalf. Often, you will have limited coverage under your own policy to help pay for medical bills, even if you are not at fault. These different sources of compensation are important while you recover from the injury. We seek to spare you the work and hassles of protecting yourself legally.

It is important to remember that, if you settle with an insurance company and sign a release, you are giving up your right to claim additional compensation if your injuries turn out to be more serious than you originally believed. Therefore, an injured person should not settle without very careful consideration and advice.

After an accident, the responsible party’s insurance company may contact you and ask you to do a recorded interview. You are not required to give an interview if you do not choose to do so. If we represent you, and we agree that an interview is a good idea, we would talk with you beforehand, and be present while it is going on.

In addition, you may be getting many calls from the insurance company and/or any unpaid health care providers. When you have legal representation, those calls go to your lawyer to handle for you.

When you are ready to settle or sue, it is important to know how to place a value on your claims. Often people have no idea what figure is fair and feasible. Many factors go into negotiating settlements, including researching years’ worth of Montana verdicts in similar cases, calculating past and future lost income, and allowing for medical bills that may arise in the future. Insurance companies, even if they admit that their insured was at fault, will often make offers that are on the low end, to say the least. Never feel pressured to accept an offer or “rush into” settling without careful thought and planning.

We provide a retainer agreement for our clients, so that they know from the outset what is expected of us and of them. For accident and personal injury cases, we charge on a contingency fee basis. This means that, if we do not obtain a settlement or verdict in your favor, we do not receive a fee.

The process of healing and getting back on your feet – and getting on with your life – can be difficult. But this should be the first priority.