In Montana, when a personal injury case or wrongful death claim is settled, the money may be paid in a lump sum. A check for the full amount is given to the plaintiffs and their lawyer and the case concludes. Once the check has cleared, the victim is given her share of the proceeds according to the fee arrangement she worked out with her injury attorney at the beginning of the case.
In a structured settlement, the victim usually receives a large initial payment (enough to pay attorneys’ fees and costs, subrogation expenses, liens, and some amount for the victim). From there the victim continues to receive payments on some sort of a regular basis in the form of an annuity. One drawback to a structured is that the victim will not have access to all the funds at once. This can also be a benefit in that it ensures a steady stream of income for at least some length of time.
The pros and cons of structured settlement should be considered carefully and with the help of a Montana injury attorney. If you have been injured in an accident please call me today for a free initial consultation at (406) 752-6373.
If someone has been hurt in a Montana car accident, there really is no formula for calculating how much they’ve lost, and what their damages probably are. I hear figures from clients sometimes (multiply the medical bills by 2 or 3), but I’m never sure where exactly those rumors get started.
The truth is that there’s no easy way to calculate what an injury claim is worth. That’s why it’s so important that you speak with a Montana accident attorney about your situation, so they can help you with the process and guide you down all the paths you’ve never traveled before. I can help you think through the situation and make sure everything gets accounted for.
I am admitted to practice law in the state of Montana, so I can’t speak for other states (although I think this is a relatively safe statement across the board). But our laws are complex enough, and involve so many variables, that any efforts to determine damages (compensatory or punitive) based on a simple formula and misguided at best and often dangerous. A skilled Montana personal injury lawyer can account for all the different law and calculate the variables to ensure that you get the best possible result. A simple calculator won’t do that.
Accident claims don’t turn back time, and they don’t undo the harm that a victim has experienced. But, if we do it right, at least the injured person gets back to a functioning position. And from there, it’s maybe a little easier to move on with life. Fair compensation for someone else’s negligence isn’t just equitable, it’s the law in Montana. If you’ve been the victim of negligence and would like to discuss your situation with a Montana injury attorney, please call me today at (406) 752-6373.
When most people think of injury lawsuits they think of punitive damages. But whether a victim is entitled to receive punitive damages from a Montana injury case is fairly misunderstood. As a Montana personal injury lawyer who helps people after accidents receive full compensation for their injuries, I’m often confronted by the difference, and the importance of explaining it to people.
Generally, compensatory damages reimburse the victim for the loss he has suffered with the goal of “making him whole.” For example, one of the things pursue for our clients is full payment of all their medical bills related to the injury. Victims may also miss work because of the injury, and they’re entitled to be paid for the money they lost due to that, including overtime which would have been earned.
Victims also frequently incur various out of pocket expenses as a result of being injured. Doctors bills, car repairs, the cost of construction work to make an apartment accommodate a wheel chair. All of these things could be compensatory damages for an accident victim. Even an award for pain and suffering or loss of enjoyment are intended to “compensate” the victim for what has happened to him.
If you’ve been injured and are wondering whether you are entitled to compensatory damages, please call us today for a free initial meeting. Our phone number is (406) 752-6373.