Accidents

Description: Auto accidents cost each American more than $1,000 a year, 2-1/2 times the cost of the traffic jams that frustrate the nation's drivers, according to a report issued by the motorist advocacy group AAA.

Description: According to the car accident statistics released by the United States Department of Transportation's (USDOT's) National Highway Traffic Safety Administration (NHTSA), there were almost 43,000 deaths in 2002 because of car accidents. The car accident fatalities for the year 2003 stand at 42,643.

Description: For transportation accident and safety statistics by mode of travel.

Car Accidents and Personal Injury Cases in Montana

With all of the car accident websites put up by lawyers and law firms (not to mention the hundreds of lawyer referral websites that are spending millions of dollars to get good search engine placement) you would think that it might be just a little easier than it is to get good, useful information about automobile accident claims. (Information a little more in depth than the typical "help the injured at the scene;" and "don't talk to anyone but the police.")

How about some straightforward information on how to find the best lawyer for your case? There are some simple steps you can take to get beyond the lawyer advertising.

Personal injury cases are vigorously defended by the insurance industry. The resources a defendant has to fight a case are endless. Insurance companies do not settle cases fairly and fully until you demonstrate to them that you have the expert witnesses, the resources and the attorney who is going to beat them in court.

Most Lawyer Advertising is Actually Pretty Silly.

Sadly, most lawyer advertising does little more than shout "we are aggressive" or "we care for you" or "free consultation." (By the way, what's so special about a free consultation in an injury case--EVERYONE DOES THAT!)

Here are some essentials of Montana car accident cases.

In any personal injury or wrongful death case in Montana the injured person, or plaintiff, must prove that the carelessness or negligence of another caused injury.

Expert testimony may be necessary to prove some parts of your claim. Expert testimony is generally needed to prove the extent of your physical injury and the relationship of any medical bills to the defendant's negligence. Expert testimony is necessary to prove any other issues that are beyond the general knowledge of jurors, such as the extent your ability to earn a living has been impaired.

The day you were injured you entered a war zone.

Insurance companies have declared war on injured people and their attorneys. Some of them write letters to claimants to discourage them from seeking legal representation. They have waged the war in the media and their propaganda has had a tremendous effect on juries and their verdicts. The success that the insurance companies have had in tainting the minds of jurors has emboldened them to not offer fair settlements until you prove to them that you are ready, willing and able to go to trial.

In most cases today, attempting to negotiate with the insurance company before filing suit is not a worthwhile endeavor.

Insurance companies use pre-suit negotiation only to attempt to find out as much about you, your lawyer and your doctor as they can. It is our opinion that too many lawyers waste precious time attempting to negotiate with the insurance company before filing suit. If we accept your accident case it is because we believe it is meritorious and you deserve a trial by jury. We will usually file your suit before negotiating so that if negotiations break down we will already have a trial date in place to head towards.

We believe that it is a dangerous practice to wait until the statute of limitations is almost expired to file suit. We have seen other attorneys do this only to find that the defendant they sued is either not the correct defendant or is now blaming someone else. While there are legitimate reasons for delaying filing suit, there is no excuse for the practice that we sometimes see whereby some attorneys routinely wait until the last moment to see if the insurance company will settle your case.

Unfortunately, we have also seen lawyers not licensed in either Montana or the District of Columbia attempt to represent people with claims in those jurisdictions. When the claims do not settle, they often panic to find an attorney to file the case on time. We believe that clients are ill-served by hiring attorneys who are not licensed in the jurisdiction where suit must be filed.

Once the lawsuit is filed, both sides engage in the legal process called discovery. Each party is allowed to investigate what it is the other side is going to say at trial. The defendant will be permitted access to your medical and work history, including your income records. You must give a deposition under oath and you may be required to submit to a medical examination by a physician of the defendant's choosing.

The defendant is also subject to discovery. He will answer written and oral questions about his own background and he will have to give sworn testimony about the incident at issue.

Frequent Questions for Car Accidents and Personal Injury Cases in Montana: