Do I have a case?

To have a personal injury case, you must show that you have been injured through the fault of another. Generally, you and your attorney will have to prove three things – that you were injured, that your injury was caused by the defendant’s wrongful conduct, and that your injury has caused you damages.

The best way to find out whether or not you have a viable claim is to visit with a personal injury lawyer. Even if you have a valid claim from a legal perspective, the practical realities may still get in the way. For example, you may be injured, but if the defendant is “judgment-proof,” meaning that he or she has no insurance or assets, there may be no proceeds to compensate you. Of course, there may be alternative means of recovery – such as against your own uninsured or underinsured motorist coverage.

What is my case worth?

A good lawyer will give you his or her straight opinion – not a guarantee – regarding the potential value of your case AFTER he or she has been given an opportunity to review the facts. Cases are valued on a number of different factors. For example, the nature of the injury causing event, the severity of the injury, the amount of pain the injury causes, and whether the injury has lingering effects are all issues that affect the value of a case.

The following is a non-exclusive list of potential issues for which a personal injury claimant might recover damages:

1. Property damage
2. Past and future medical expenses
3. Past and future lost wages
4. Emotional distress
5. Pain and suffering
6. Disability, disfigurement and scarring
7. Loss of enjoyment of life
8. Loss of established course of life
9. Loss of love, affection or companionship (also known as “Loss of Consortium”)

What should I do if I’m hurt in an accident?

Take care of yourself first – get necessary medical attention. But if you’re able, you should also be creating a record that will help protect your claim. File a police report, either at the scene or as soon as possible afterward. Try to get names and contact information from any witnesses. If you’re able, write down exactly what happened as soon as possible after the event. Accident scene photographs often provide valuable evidence that can’t be later duplicated. If you are injured, talk to a personal injury lawyer as soon as possible so that you can get advice about how to proceed, what kind of records you should be keeping, and how to handle the inevitable phone calls from the other party’s insurance company.

What if my injuries are so significant that the other person's insurance is not enough?

Montana law requires that every driver carry at least $25,000 per-person, $50,000 per-accident liability coverage. This means that, if you are involved in an accident with someone carrying the minimum mandatory limits, the most you can recover for your own injuries under the other driver’s policy is $25,000, and the most that can be recovered from that policy for a single accident (no matter how many people are injured, and regardless of the type of injury alleged) is $50,000. If you don’t sustain serious injury, perhaps the other driver’s $25,000 will be enough to ensure adequate compensation. But if you sustain an injury that lingers, that requires surgery or recurrent medical care, or causes you to miss work, damages begin to mount.

If the other driver’s policy does not provide enough coverage – or if the other driver is not driving while insured – there may be alternative means of recovery. Be sure to review our “Insurance Coverage/Disputes” section for additional information.