Car Accident Lawyer in Butte, MT
Butte, Montana is a great place to live, work, and raise a family. However, as with any city, there are certain risks that come with living in Butte. One of those risks is the possibility of being involved in a car accident. No matter how diligent you are at following the rules of the road and upholding your duty of care to those around you by operating your motor vehicle safely, accidents can still happen, and you can’t control how others drive around you.
Luckily for innocent victims of other drivers’ reckless or negligent actions, there are a number of legal channels to recover compensation for the many repercussions of a traffic collision.
Most often, victims file an insurance claim with the at-fault driver’s automobile insurer. Once initiated, the insurance company will send an adjuster to investigate the accident and determine how much they are willing to pay in damages. Unfortunately, insurance companies are not on the victim’s side and will do everything they can to minimize the amount of money they have to pay out.
This is why victims need to have an experienced car accident lawyer on their side, fighting for their best interests and working to get them the full and fair compensation they deserve.
Casares Law: Here To Help Personal Injury Victims After Motor Vehicle Accidents in Butte, MT
Casares Law is a law firm that specializes in helping car accident victims and their families get the justice and compensation they deserve. Our experienced car accident lawyers have a thorough understanding of Montana’s traffic laws and will work tirelessly to build a strong case on your behalf. We also understand the many ways that a car accident can impact your life, and we’ll fight to get you compensation for all of the damages you’ve incurred, including medical bills, lost wages, and pain and suffering.
If you or someone you love has been involved in a car accident, contact our car accident law firm as soon as possible to request a free consultation and learn how we can help you seek justice and fair compensation.
Take a look below to get a better idea of some general information about car accident law in Montana, and contact us right away to get specific insight into how our team can help you understand your legal options after suffering from personal injuries.
The Truth About Insurance Claims For Auto Accident Victims
Most car accident victims assume that their case will be handled entirely through the at-fault driver’s insurance company and that the adjuster will gather details and ensure they are fairly compensated. However, this is rarely the case. In reality, insurance companies use the claims investigation process to pay as little as possible to a victim as quickly as possible to limit the financial impact of their policyholder’s reckless or negligent driving. Little thought goes into whether or not the victim will be left with enough money to cover the medical bills, property damage, lost wages, and other damages they’ve suffered.
From the moment a claim is opened, the insurer representing the responsible party will use intimidation tactics and attempt to overwhelm the victim with legal jargon in an effort to get them to accept a lowball settlement offer that doesn’t begin to cover the true cost of their accident. Attempting to counter these offers or engaging in a good-faith negotiation can be nearly impossible without a clear understanding of Montana’s tort laws, especially while trying to recover from an injury.
This is why it’s so important to have an experienced car accident lawyer in Butte, MT on your side from the very beginning. Your lawyer will be able to navigate the complex insurance claims process and make sure that you are being treated fairly by the at-fault driver’s insurer. If necessary, your lawyer will also be prepared to take your case to court to get you the full and fair compensation you deserve.
Montana’s Statute Of Limitations For Filing A Car Accident Lawsuit
In Montana, victims of vehicle accidents have three years from the date of their accident to file a personal injury lawsuit against the at-fault driver, a limitation established in Montana Code section 27-2-204. This may seem like a long time, but it’s important to understand that insurance companies often take months or even years to fully investigate an accident and make a fair settlement offer — if they make one at all.
Additionally, many car accident attorneys will use this time to complete their own comprehensive investigation before initiating an intense series of negotiations meant to close the gap between their figures and the initial settlement offers made by the insurance adjuster.
Insurance companies will attempt to “stall” the process in the hopes that the victim becomes overwhelmed by their financial situation and accept any amount of money.
Don’t Wait — Hire a Car Accident Attorney Right Away
The full extent of your injuries and damages may not be clear within the first few days or weeks after your car accident. That is why connecting with an attorney as soon as possible is one of the best decisions that a victim can make at the start of a car accident claims process.
An attorney will be able to set the groundwork for your legal fight while you focus on getting medical care and your recovery. When it comes time to push for the compensation you rightfully deserve, they will have the information to support their demands for your settlement.
Common Damages Allowed By Montana Car Accident Law
Personal injury law in Montana is complicated, and no two car accidents are alike, but the following are just a few of the most common damages that car accident victims seek after a crash.
Damages — the losses that a victim suffers — are divided into two main categories: compensatory and punitive.
Punitive damages are rare, and only awarded by a judge or jury at the end of a trial, so your car accident lawyer will focus solely on compensatory damages, which are meant to compensate you for your losses.
Compensatory damages are further divided into two distinct and equally important subcategories: economic damages and non-economic damages.
Economic damages are the losses that can be easily quantified in terms of dollars and cents. These are the financial losses that you have suffered and will continue to suffer, as a result of your car accident. Examples of economic damages include:
- Medical bills (including ambulance fees, hospitalization costs, physical therapy, prescription medications, and future medical care)
- Lost wages (including future lost earnings)
- Property damage (the cost to repair or replace your vehicle)
Non-economic damages are the losses that cannot be so easily quantified. These are the intangible losses that you have suffered as a result of your car accident. Examples of non-economic damages include:
- Pain and suffering (the pain of the injuries that a victim suffers following an accident)
- Emotional distress (the trauma and emotional impact of experiencing such a painful, terrifying, and unexpected accident)
- Loss of enjoyment of life (losing the ability to pursue hobbies or live a full life due to injuries)
- Loss of consortium (the loss of companionship or spousal support)
Punitive damages are only awarded in very rare cases and only when the at-fault driver’s behavior was so egregious or reckless that it justifies punishing them beyond compensating the victim. An example is a drunk driver who gets into a serious accident.
These damages are capped at either $10 million or 3% of the responsible party’s net worth. They will be awarded only if the victim can prove that the at-fault driver acted with malice, fraud, or gross negligence. Also, if the judge or jury believes that these damages are important to dissuade the at-fault driver from engaging in these behaviors in the future.
Frequently Asked Questions About Butte, Montana Car Accident Cases
The following are just a few of the many questions that the car accident attorneys at Casares Law often answer, both during free consultations and throughout their work with victims of car accidents.
The following answers are meant to give you a general sense of how these questions may be answered given your unique situation, but since no two accidents are alike, you will need to work directly with a lawyer to get specific answers as they relate to your case.
How much is my car accident case worth?
The answer to this question largely depends on the severity of your injuries and the specifics of how the accident happened and who was responsible.
Casares Law has successfully represented many car accident victims, and we understand how to maximize the value of a case by thoroughly investigating the accident, working with expert witnesses, and aggressively negotiating with insurance companies.
What if the other driver denies being at fault?
In some cases, the other driver will try to deny being at fault, even when it is clear that they were. The car accident lawyers at Casares Law will use the evidence we have gathered to prove that the other driver was at fault and help you get the compensation you deserve.
What if I am partly at fault for the accident?
Montana is a comparative fault state, which means that you can recover compensation even if you are partly at fault for the accident.
Your accident lawyers in Butte will investigate the accident and determine what percentage of fault should be attributed to each party so that you can get the appropriate amount of compensation.
What if the other driver does not have insurance?
In some cases, the at-fault driver will not have insurance. If this is the case, Casares Law can help you file a claim against your uninsured motorist coverage.
We can also help you file a lawsuit directly against the at-fault driver to get the compensation you deserve. Still, the results may not be optimal if the other driver does not have the means to repay your damages.
How long do I have to file a car accident claim in Montana?
In Montana, you have three years from the date of the accident to file a personal injury claim. If you do not take action within this time frame, you may be barred from recovery.
Your car accident attorney will make sure your claim is filed in a timely manner so that you can get the compensation you need and deserve.
Do I need a lawyer for my car accident case?
It is not required that you have a lawyer for your car accident case, but it is highly recommended. The Butte car accident lawyers at Casares Law will handle every aspect of your case so that you can focus on your recovery. We will also fight to get you the maximum amount of compensation possible.
Contact Casares Law today to schedule a free consultation with one of our car accident lawyers in Butte as soon as possible.
Looking For a Car Accident Lawyer? Butte, MT Casares Law Is Here To Help You
After a car accident, it is important to have an experienced car accident lawyer on your side. Casares Law has the experience and knowledge to help you get the compensation you deserve.
We will work tirelessly to get you the best possible outcome in your case, and you can rely on our strong attorney-client relationship to provide you with support and relief throughout the process. Contact us today for a free consultation.