Personal Injury Law Book on A Table

How Do You Know When to Contact a Personal Injury Law Firm?

Gerstner Adam Law March 28, 2023

Under Montana personal injury laws, accident victims may be eligible to pursue financial compensation for their injuries by filing a claim or lawsuit against the at-fault party. However, many injured persons are unsure about the right steps to take or their options to recover damages. While you are allowed to file your claims by yourself, contacting a personal injury law firm is crucial for detailed guidance and to help protect your legal rights. 

At Gerstner Adam Law, we have the tools to help you hold those responsible for your injuries liable. Our highly-skilled Montana personal injury attorneys can review the details of your case, help file your claims, and attempt to recover the maximum possible compensation you deserve. We proudly serve clients throughout Billings, Sidney, Glendive, and Miles City, Montana. 

Common Personal Injuries  

Personal injury is a legal term used to describe an injury to a person's body, emotions, reputation, or mind caused by the negligent, careless, wrongful actions, or misconduct of another person. Here are some common personal injuries in Montana:  

  • Auto accidents 

  • Premises liability 

  • Defamation – libel and slander 

  • Slip and fall accident 

  • Burn injuries 

  • Motorcycle accidents 

  • Workplace accidents 

  • Dram shop liability 

  • Dental accidents 

  • Dog bites, dog attacks, and other animal attacks 

  • Medical malpractice 

  • Product liability 

  • Uber/Lyft accident 

  • Repetitive strain injury 

  • Pedestrian accidents. 

  • Wrongful death 

  • Assault, battery, and other intentional torts 

If you or a loved one has sustained a personal injury due to someone else's carelessness, you should reach out to a seasoned Montana personal injury attorney as soon as possible. Your legal team has the practice to analyze your case and determine the best way to proceed with your injury claims. 

Knowing When to Contact a Personal Injury Law Firm 

If you were involved in an accident caused by a negligent party, here are some important reasons for you to contact a personal injury law firm: 

Fault State vs. No-Fault State 

In a fault state, the accident victim must hold the at-fault party financially liable for their injuries and damages. Also, the claimant will be required to establish liability when seeking damages. Conversely, in a no-fault state, the injured party will turn to their own insurance provider (PIP policy) to seek damages, notwithstanding the responsible party.  

Montana is an at-fault state for auto accidents. Under the state's at-fault laws, the person responsible for your accident or injury (the at-fault party) would be held financially and civilly liable for your medical expenses, property damages, and other accident-related losses. In order to pursue compensation, you can do the following: 

  • File a first-party claim with your own insurer. 

  • File a third-party claim with the insurance provider of the at-fault party. 

  • File a lawsuit in civil court against the at-fault party. 

A practiced lawyer can evaluate every last detail of your personal situation, seek to prove negligence, and help recover your rightful financial compensation. 

You Don't Know Your Options  

Also, there are different legal options to recover damages after an accident, including filing an insurance claim or lawsuit. Depending on the surrounding circumstances of your case, an experienced attorney can help determine the best way to proceed and recover the maximum available damages. 

You Injuries are Serious  

However, if you sustained severe injuries that require ongoing treatments or lengthy recovery, you should never negotiate or accept the insurer's settlement offer until you fully recover or reach maximum medical improvement (MMI). MMI is the stage where your health condition cannot improve further. Once you have reached full recovery or MMI, your lawyer can determine the magnitude of your injuries, lost wages, and damages and help negotiate an improved settlement offer. 

Proof of Negligence Isn't Easy    

Additionally, when filing a claim in Montana, you must prove fault and establish liability to seek damages. To prove negligence, you must show that: 

  • The defendant owed you a legal duty of care. 

  • The defendant breached their expected duty of care due to their negligent acts. 

  • The defendant's breach or negligence caused your injury. 

  • You suffered actual harm, bodily injury, or damages due to the defendant's negligence. 

In most personal injury cases, it can be quite difficult to prove fault. Your lawyer can help you gather and document the necessary evidence, police report, and medical records to establish liability in your case. 

Dealing with Insurance  

Finally, when seeking compensation, you need an experienced attorney on your side to help communicate and negotiate with the insurer. The insurance provider will take your claims seriously when you have legal representation. In addition, your attorney can use their adept negotiation skills to help you recover the maximum possible financial compensation. 

Serving with Skilled Attention  

Being involved in a negligent accident can be a difficult and overwhelming experience. The incident might also affect your financial, physical, and mental health. Regardless, you don't have to suffer the challenges all alone. Therefore, when seeking damages, you should hire a seasoned personal injury attorney to protect your rights and guide you through the claims process. 

At Gerstner Adam Law, our attorneys only provide experienced legal services and advocate for the best interests of accident victims and their loved ones. Also, we can inspect every aspect of your case thoroughly, help prove negligence, and estimate case value. In addition, we will help you pursue fair financial compensation to cover your medical expense, lost wages, future medical treatments, pain and suffering, and other possible damages.   

Contact us at Gerstner Adam Law today to put together a case assessment with strategic personal injury attorneys. Our reliable lawyers give the highly-personalized legal counsel and vigorous representation you need in your claims. We're proud to represent accident victims and their families across Billings, Sidney, Glendive, and Miles City, Montana.