Should I Hire a Montana Personal Injury Attorney?
Table of Contents
Table of Contents
Key Takeaways
- Being injured in a personal injury accident can leave you in pain, worried about the future, and facing mounting medical expenses.
- The insurance claims process can be complex.
- Insurance adjusters typically do not advocate in your best interests.
- Working with a skilled Montana personal injury attorney can help you navigate the complexities of the claim and help you get the compensation you deserve.
Personal injury cases can be complex and may leave you feeling unsure of what to do next. Medical bills can pile up and you may be unable to work, which further exacerbates the financial burden. Don’t let legal proceedings or the claims process add to your stress. At Joyce, MacDonald, Haynes & Johnston, we fully understand the challenges you face when dealing with the aftermath of a personal injury claim. Our Montana personal injury attorneys are experienced in handling the complexities of personal injury cases, helping you receive fair compensation. Contact our law firm today for a free consultation.
What is a Personal Injury Lawsuit?

Personal injury lawsuits are claims against a negligent party when an individual suffers injury. The suffering could be physical or emotional. Common types of personal injury claims include injuries from motor vehicle accidents, premises liability, dog bites, medical negligence, defective products, and work-related injuries. There are four key elements of a personal injury lawsuit:
- Duty of care: The negligent party must have a legal duty to act responsibly to prevent harm.
- Breach of duty: The responsible party violated their duty of care.
- Causation: The injury victim must demonstrate the breach of duty directly led to their injury.
- Damages: The victim must prove they suffered actual harm due to the at-fault party’s negligent actions or inactions.
In Montana, accident victims have the right to pursue compensation to cover the costs of their injuries and other losses. A financial award may come in the form of a settlement offer or a court verdict.
“Joyce & MacDonald is number 1 in my book! I was recommended to them after I was injured. They were always easy to get ahold of and stayed in touch. They kept me well informed about my case, they listened to my needs and got me what I needed to cover the expenses of that injury. I would definitely call them again if I needed.” – Kim L.
Common Bad Insurance Practices in Montana Injury Claims
It’s typical for people to assume insurance companies will do right by injury victims. Unfortunately, this isn’t always the case. Tactics insurance companies use to avoid paying fair compensation include:
- Delaying payments
- Denying compensation
- Underpaying compensation
- Using poor policy language
- Having never-ending requirements for documentation
- Challenging medical conditions
- Offering quick or lowball payouts
- Using in-house experts to dispute injuries
Insurance companies have people working for them. Level the playing field by having experienced legal representation.
When to Hire a Personal Injury Lawyer?
Working with a personal injury attorney is to your benefit. While you may not always need to retain a law firm to represent you, the following scenarios are ones where you should get legal help:
You Are Seriously Injured
Accidents may cause life-altering injuries or permanent disability, such as a spinal cord injury, traumatic brain injury, or damage to internal organs.
While some injuries are easily identifiable, others may be “hidden,” or symptoms take time to emerge. In the immediate aftermath of an accident, it can be difficult to assess the full value of a case because the severity of the injury is unknown.
Early medical treatment is always recommended. However, in some injuries, such as a traumatic brain injury, it may take months to realize how it has impacted a victim’s life. A skilled lawyer can account for uncertainties (including current and future medical expenses), get proper documentation (e.g., medical records, expert witnesses, etc.), and work to secure fair compensation.
Unclear Liability
Sometimes, it’s clear who is to blame for an injury, but other times, it’s not so easy. Correctly identifying liability is essential, especially in Montana, where a victim can be found partially to blame. It’s hard for people to know how to locate evidence, build a case, and prove liability, especially if they’re dealing with pain. A skilled attorney can perform a thorough investigation to determine negligence.
Lost Wages Due to Injury
Not being able to work after an injury occurs is devastating to one’s current situation and financial future. In situations where an injury prevents the victim from being able to work at the level they did before, they should consider working with a lawyer.
Insurance Company Refuses to Pay Fair Settlement
Insurance companies often offer minimal compensation or refuse to pay. They have an army of attorneys on their side, and it can be challenging to negotiate with them. Having your own attorney to advocate for you sends a strong message that you won’t back down. An experienced personal injury attorney will know how to fight back against unfair tactics while handling all communications and negotiations.
Medical Malpractice Claims
Medical malpractice claims tend to be complex, and Montana has specific procedures to follow. Having a lawyer by your side can be very beneficial in preventing you from missing important deadlines or steps. Before you can even file a lawsuit, you must file a claim with the Montana Medical Legal Panel.
Avoiding Statute of Limitations
In the aftermath of an accident, victims are dealing with physical pain, suffering, appointments, and basically trying to get through each day. However, they do not realize that Montana has a three-year statute of limitations, and this time goes quickly. An attorney can use this time to build a strong case.
Reasons You Should Hire a Montana Personal Injury Attorney

Working with a personal injury attorney doesn’t cost you anything upfront. Most will provide initial free case reviews where you can decide on how to approach your case. Benefits of hiring a lawyer to represent you include:
- Receiving a professional and objective approach.
- Experience dealing with insurance company negotiations and personal injury lawsuit trials.
- Experience evaluating how injuries might affect you and helping you get the medical care you need.
- Conducting a thorough investigation to identify the at-fault party and gather evidence to support your claim.
- Taking the correct steps to file your claim accurately.
- Experience negotiating settlements and identifying tactics used by insurance companies to avoid paying on claims.
- Providing legal representation if a claim ends up in court.
The law firm you choose can handle all communications, negotiations, and paperwork while you focus on healing. Having an attorney advocate for you provides you with peace of mind while you can focus on your recovery.
After You Hire a Personal Injury Attorney in Montana
Once you select a Montana personal injury attorney to represent you, you can expect the following:
- An initial consultation
- Gathering facts and evidence
- Evaluating damages
- Strategizing and outlining legal options
- Negotiating with the insurance company
- Securing fair settlement
- Litigating in court if a fair settlement cannot be reached
The personal injury lawyers at Joyce, MacDonald, Haynes & Johnston have over 90 years of combined experience in personal injury cases. You can expect us to be thorough, attentive, and timely.
Why Choose Joyce, MacDonald, Haynes & Johnston for Your Personal Injury Claim
Clients choose Joyce, MacDonald, Haynes & Johnston as the law firm to represent their personal injury case because of their strong connection to the community, honest legal advice, and experience handling personal injury claims.
We understand the stress and uncertainty injury victims face. Should you select our law firm to represent you in your personal injury case, you can count on strong communication, honesty, and transparency from our legal team.
Testimonials
“I went to Joyce & MacDonald law firm when I had a personal injury and was lucky enough to meet and work with Mike Haynes and the competent staff there. Mike immediately put my mind at ease with his knowledge, kindness and thoughtfulness during my entire ordeal making it stress-free. He kept me updated throughout. Through his hard work and perseverance,, my case was resolved in a timely manner with a favorable outcome. I would highly recommend Mike Haynes and the entire Joyce MacDonald Law Firm.” – Susan M.
“I thought I had a reasonable idea how to approach my case but I found out I really didn’t know anything about how my lawsuit works. Mike and Sadie led me through this process and were very concerned not to settle too soon to make sure that my injuries were taken care of. They were very knowledgeable about the opposing side and gave me good counsel about how this will play out. They were able to get me a very fair settlement. I highly recommend them to anyone who has been injured.” – Ray M.
Case Results
Our attorneys actively fight for our clients. A few of our recent case results include:
- $1,250,000.00 settlement for an auto collision resulting in a wrongful death
- $1,000,000.00 settlement for a collision between a pedestrian and a motor vehicle
- $900,000.00 settlement for injuries sustained from a defective product
- $750,000.00 settlement for a trucking collision that resulted in a wrongful death
Secure Justice Before It Slips Away
If you or a loved one suffers from a personal injury, don’t delay in getting legal help. Once the injury occurs, Montana’s “clock” for filing a claim starts ticking. Contact an experienced personal injury lawyer right away.
The attorneys at Joyce, MacDonald, Haynes & Johnston will get the legal process started immediately. This will include evaluating serious injuries, identifying the at-fault party, initiating the insurance claim process, or filing a personal injury lawsuit.
You deserve to receive the maximum compensation for your injuries. Insurance companies are unlikely to offer the amount of money you’ll need to recover. Working with an attorney can level the playing field.
To schedule a free initial consultation with our legal team, call Joyce, MacDonald, Haynes & Johnston at 406-723-8700 or fill out our online contact form.
Frequently Asked Questions
Montana’s tort law requires a personal injury claim be filed within three years from the date of injury, but there are some exceptions, including medical malpractice claims which has a two year statute of limitations.
Typically, personal injury attorneys in Montana operate on a contingency fee basis. This implies that there are no initial upfront costs, and the lawyer receives payment only if they successfully settle a claim. The standard contingency fee is usually around 33 percent to 40 percent of the total settlement amount, depending on the complexity of the case and the attorney’s agreement with the client.
As you research to find the right personal injury law firm for your case, you’ll want to look at factors such as reputation, years of experience, knowledge of local laws, attorney fee structures and legal fees, and your comfort level when speaking with them.
Even if a car accident appears to be minor, it is still a good idea to retain an experienced personal injury attorney, especially if any injuries or significant property damage is involved. Severe injuries often emerge later, and your attorney can account for this when assessing your case’s value and negotiating a settlement.
Choosing the right personal injury attorney can feel overwhelming. To assist you in your search, you should:
- Ask for recommendations
- Search online
- Read customer testimonials and reviews
- Check out the firm’s website
- Get a free case evaluation
Essentially, you want to hire an attorney who is compassionate to your situation, understands what you’re going through, and has experience in handling your type of injury case.
Saidee Johnston
Saidee is a second-generation Butte lawyer. Prior to joining this firm, she worked with the University of Montana Legal Services providing legal advice and representation for university students in a wide range of civil and criminal matters.