Q&A

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The following represent some of the questions that our clients have asked when they first consider hiring an attorney. The answers are general in nature and not tailored to any one specific situation. Thus, we encourage you to call if you have a legal question so that we can be sure you are getting the answers you need.

Question: Do I need to hire a Montana lawyer?

Answer: The answer to this question varies a great deal, depending on your situation and your personality. Hiring an attorney will generally help to eliminate the risk of making the wrong decision, and also will relieve the stress of dealing with your problem. You are often dealing with very complicated issues with which an attorney has experience. Most attorneys will offer you a free initial consultation, so if you have any question at all, you should call.

Question: How do I know if I have the right Montana attorney?

Answer: Most attorneys limit their practice to a handful of legal areas. For instance, our firm does not practice tax law, nor would we be the firm to hire to probate a will. Find a law firm that focuses on the legal needs that you have. You should also be afforded the opportunity to meet with the lawyer before making your decision whether to hire him or her. It is common to require a written fee agreement, so that there is no misunderstanding for either party. Meet with the attorney, discuss your case in detail, and then make your decision.

Question: I've never hired a Montana lawyer before. Am I doing the right thing?

Answer: No one asked you if you wanted to be injured, and you do have a right to be fairly compensated for your injuries. Perhaps more importantly, especially in personal injury, medical malpractice or product liability cases, you need to send a message. If you do nothing, it will happen again to someone else. Only if you step up and take action will the person who caused your injury be held accountable. If you think you're wrong, do nothing and then ask the next person who is injured whether you should have taken action.

Question: What kind of information will a Montana lawyer need from me?

Answer: For any kind of claim, a lawyer generally needs information regarding the medical treatment you have been receiving to treat your injury. Usually, the lawyer will need the name and address of your current treating medical provider, as well as any other medical provider you have seen by referral, such as a physical therapist. In addition, you should be prepared to provide the name and address of any medical provider you have seen during the five-year period preceding the injury, because your pre-injury medical condition can often affect the value of your claim. If you were injured in a car accident, it is important that you provide information regarding your own automobile insurance coverage as well, so your lawyer can determine whether medical payments coverage or uninsured/underinsured motorist coverage applies to afford additional coverage for you.

Question: What is my claim worth?

Answer: This is a difficult question to answer as it depends on the nature of the injuries and several other factors such as your health and physical condition prior to the accident. What is most important to remember, however, is that you want to be sure your condition is stabilized before you sign any sort of release. Problems often take months or even years to fully develop.

Question: Who will pay the medical bills?

Answer: A recent Montana Supreme Court case requires insurance companies to make advance payment of medical bills in certain situations. You will also want to check your own policy to see if you have "medical payments coverage." You are also entitled to turn the bills into your health insurance carrier, if you have one. However, if you later settle your claim with the insurance company, the law may allow your own health insurance company to be reimbursed some or all of the money it has paid.

Question: How do I pursue a medical malpractice case?

Answer: Medical malpractice cases are unique. Montana law requires that you first present your claim to the Montana Medical Legal Panel before you can file suit. This is a somewhat informal hearing that is usually held in Helena. At the hearing, both sides present their case to a panel consisting of three medical providers and three attorneys. The ruling of the panel is not binding on either side. After the panel rules, the plaintiff may then file suit.

Question: What does "product liability" mean?

Answer: Product liability is a body of case law and statutes that are designed to help injured consumers recover from manufacturers or marketers of defective products. It does not refer to mechanical problems with a vehicle. Instead, it would apply to such things as an improperly mounted gas tank that causes an explosion, a sport utility vehicle that is designed so that it rolls over too easy, a door that becomes unlatched with minimal force, an airbag that fails to deploy, tire tread separation, a car seat that fails to restrain a child in an accident, etc. It can also apply to defective medical devises or hand tools. Essentially, any product that causes injury and was defectively designed, manufactured or marketed.

Question: What are the odds that my case will go to trial?

Answer: Each case stands on its own merits. However, in general, the vast majority of injury cases will resolve in some manner prior to trial. They can either be settled, or one side or the other can convince the judge that the case should be decided short of trial. In our judicial district, it is also mandatory that each case go through informal mediation prior to trial. It has been our experience that mediation is successful approximately fifty percent of the time. The case can also settle either before or after mediation. In all cases, it is our intent to resolve the case as quickly and fairly as possible.

Question: What if the person who hit me does not have any insurance or enough insurance to pay for my medical bills and damages?

Answer: You will want to check your own car insurance policy to see if you have either underinsured or uninsured motorist coverage. Under Montana law, insurance agents are required to offer you uninsured motorist coverage that will protect you in the event that you are injured by an uninsured driver. A similar type of coverage that is available is called underinsured motorist coverage. Underinsured motorist coverage becomes available if the insurance covering the person who injured you is not adequate to pay for all of your damages.