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Personal Injury FAQs in Billings, Montana

Gerstner Adam Law Feb. 8, 2023

Knowing what to do following an accident can be confusing. With so much going on, it can be tough to figure out the first step. One of the most important steps is filing a personal injury claim. Please let us elaborate on how you can get started filing a personal injury claim in Billings, Montana, and neighboring areas such as Glendive, Miles City, and Sidney, reach out to our firm. Filing a personal injury claim is crucial following an accident. 

Filing a Personal Injury Claim in Montana 

When filing a personal injury claim, a huge part of it will depend on whether the state you’re in is an at-fault or no-fault insurance state. Montana is an at-fault state. In at-fault states, the party liable for the car accident must cover the material damages and personal injuries of the victims involved in the accident. As a result, the accident must file a personal injury claim against the liable party’s insurance policy.  

However, the tricky part is proving the at-fault party’s liability. Fault is proven through negligence. Negligence means the at-fault party failed to follow the proper driving regulations and procedures, causing the accident. That is why documenting the accident is critical. In doing so, your personal injury claim has a good chance of succeeding. 

Frequently Asked Questions about Personal Injury Claims in Montana 

Let’s discuss the most common questions we get when helping our clients file personal injury claims. 

What should I do after an accident? 

The first thing to do following an accident is to seek medical care. Going to the emergency room or talking to your primary care physician is highly important for your health. Secondly, file a personal injury claim as soon as possible. While you don’t need to settle immediately, filing a personal injury claim helps start the process. Please don’t forget to document the accident. Key documentation includes police reports, available footage, eyewitness testimony, and medical reports. 

What if I was partially at fault? 

The comparative fault rule means that accident victims may be partially but not totally at fault for an accident. Insurers determine fault as 90/10, 80/20, 70/30, or 60/40. For instance, in a 90/10 split, the victim receives 10% compensation due to their partial fault in the accident. 

I don’t feel hurt. Should I still see a doctor? 

Accident victims should seek medical attention even if they don’t feel any symptoms. First, symptoms such as delayed pain can take days or weeks before manifesting. Second, insurance companies use any delays in seeking medical attention as a sign that personal injuries are not serious. This situation allows insurers to lowball victims or refuse to pay. 

How long do I have to file a personal injury claim? 

In Montana, the statute of limitations is three years. Thus, accident victims have three years following the accident date to file a personal injury claim. After this period, personal injury claims have very little chance of succeeding. 

What if I’m injured, and the other party has no insurance? 

When the at-fault party does not have insurance, filing a lawsuit against the at-fault driver may be the only choice. If successful, the at-fault driver will need to pay fair compensation out of pocket. 

Who pays for the damages after an accident? 

Montana is an at-fault state. This condition means the at-fault party must pay for the material damages and personal injuries. Suppose their insurance coverage is insufficient to pay for the damages and personal injuries. In that case, the accident victims may need to file a lawsuit to seek fair compensation for the remaining damages. 

Do I need to hire a personal injury attorney? 

While hiring a personal injury attorney is not legally required, accident victims should always hire one. Insurance companies look to lowball accident victims or deny coverage. An experienced personal injury attorney can negotiate with insurers to get accident victims the fair compensation they deserve. A good rule of thumb is to talk with a professional injury as soon as possible following an accident. Getting the right legal counsel is a major first step in filing a personal injury claim. 

Turn to Gerstner Adam Law for Help 

At Gerstner Adam Law, we know what it takes to help accident victims get the fair compensation they deserve. We work our tails off to protect our clients’ rights. Don’t let the responsible party get away with it, so call today and speak with a professional personal injury attorney