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What Our Clients Say...
"Solomon is not just an incredible lawyer, but an all-around great guy. I've had the chance to help him with some marketing, but it doesn't matter how many headlines you get in the paper and interviews you get on TV if you aren't running your business with honor and integrity. He's the real deal. Give him one percent of your confidence. He'll earn the rest!”
- Jeff Crilley
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 Personal Injury FAQs
1. I was injured due to the actions of another person. Can I file a lawsuit?
2. How soon do I need to file a claim?
3. Do I need a lawyer?
4. What is the minimum amount I can claim?
5. How much to lawyers costs?
6. What process does a personal injury claim follow?
7. How much time does a personal injury case last for?
8. What happens if I do not live in the city or state in which the case is filed?
9. What happens in cases where the person dies before the personal injury case is filed?
10. What does negligence mean?
1. I was injured due to the actions of another person. Can I file a lawsuit?
If you have been injured by the actions of another person, you can file a claim against the party that caused the injury. You also have the right to be compensated if you were harmed due to the negligence of another party. Personal injury law covers all types of injuries, mental, emotional and physical. An experienced lawyer can help you evaluate whether your case has merit. All law firms should offer you the first consultation for free.
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2. How soon do I need to file a claim?
It is important that you file a personal injury claim as soon as you can after the injury has been sustained. This is because each state has a statute of limitations that puts a limit upon how long after an incident you can file a claim. In Montana, the statute of limitations runs out in 3 years in most types of personal injury cases.
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3. Do I need a lawyer?
Cases involving minor injuries (those that do not entail substantial medical expenses or a period of incapacitation) and small claims are usually handled by the small claims court. In Montana, the small claims court handles all claims up to $3,000. In cases of severe injuries or serious damage to property, it is best to consult an experienced lawyer to evaluate your case. Your lawyer will also help you determine the amount of compensation you can claim.
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4. What is the minimum amount I can claim?
Personal injury claims do not have a minimum or maximum settlement amount. The settlement amount is determine on the basis of various factors, including the extent and nature of the injury, the expenses borne in terms of medical bills and lost wages, the length of time for which the injury is likely to affect you, among others. The best way to determine the amount you can claim is to ask an experienced attorney to evaluate your case.
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5. How much to lawyers costs?
Most lawyers do not expect up front payment. They usually charge a contingency fee, which is a specific percentage of the compensation awarded to you. On an average, lawyers take about 25% to 40% of the compensation as contingency fees. In cases where the claim is settled before it can go to trial, the lawyer is likely to charge a lower percentage. However, there are some lawyers who charge hourly fees or even a flat fee.
It is recommended that you put down the contingency fee agreement in writing and keep a signed copy of the document with yourself. You will also need to meet some out-of-pocket expenses, including filing fees, deposition fees, expert witness fees, among others.
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6. What process does a personal injury claim follow?
If there is a disagreement between you, as the injured party, and the person or entity who is to blame for the injury regarding extent of the injury or who is to blame, a lawsuit can be filed. If you have decided to file a claim, the first thing you need to do is consult an experienced lawyer. If the lawyer determines that your case has merit, he will file a suit on your behalf.
After the lawsuit has been filed, both parties engage in a process of discovery, during which they probe into all aspects of the case. This stage of pre-trial discovery usually lasts for one year and includes interrogations, oral depositions, expert witness testimony and pertinent records being obtained, among other things.
As the date for the trial approaches, demands and offers for settlement are exchanged between the two parties. A majority of the personal injury cases are usually settled before the case can come to trial. Once you accept a settlement, you will be required to sign an agreement releasing the other party of any further liability in the case.
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7. How much time does a personal injury case last for?
Although a huge number of cases are settled before they can come to trial, the process of discovery needs to be completed before any discussion on the settlement can begin. Usually, it takes about two years from the time the case is filed for a personal injury suit to go to trial. However, this time frame can significantly increase or decrease depending on how complex your case is and how congested the court docket is, among other factors.
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8. What happens if I do not live in the city or state in which the case is filed?
If you do not live in the city or state in which the case is filed, all you need to do is here a good lawyer affiliated to the court in question. Your lawyer will ensure that all the proceedings are conducted on your behalf. In fact, there are cases where you might not even need to appear in court and can remain updated on the status of your case through emails and phone conversations with your lawyer. However, be prepared to make a couple of trips to the city where the case is filed in association with the depositions, the IME and the trial itself. Any settlement should include your travel expenses in such cases.
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9. What happens in cases where the person dies before the personal injury case is filed?
In cases where the person is injured in an accident and then dies due to these injuries, his heirs or the executor of his estate can file a lawsuit of wrongful death. In cases where the individual dies from causes unrelated to the injury, the personal injury claim itself can still be filed by the executor of the person’s estate.
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10. What does negligence mean?
Simply put, negligence refers to the carelessness of another person or the failure of the person to act in a “reasonable” manner in a situation, thereby causing another person injury. Standards of behavior have been set up by federal and state laws. When the failure to act in the expected way puts another person at risk of physical or psychological harm or causes an actual injury, a lawsuit of negligence can be filed.
However, in cases of negligence, the injured person will need to prove in court that the defendant has actually failed to conform to these standards of behavior due to which the injury or damage to property occurred.
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