Montana Car Accident Attorneys

Despite being called car accidents, they usually aren’t accidents at all. Instead, if you look back you can usually find something one of the drivers did that caused the automobile wreck. As Montana Car Accident Lawyers, a large part of what we do is determining what happened before an accident. Especially if the collision causes injury or death, these actions need to be investigated completely in order that the victims can be compensated for their losses.

The Montana car accident attorneys at Measure, Sampsel, Sullivan & O’Brien, P.C., know how crucial it is for our clients to be able to depend on us to protect their rights. That’s why we provide a free consultation for injury victims. You can call us today, toll free, at 1-888-999-5037, or use the form below to email us.

Tragically, most car accidents are caused by negligence or recklessness that could have been avoided. Negligence occurs when the vehicle’s driver fails to exercise due care. Recklessness, on the other hand, is the intentional disregard for a substantial and unjustifiable risk. There are many different kinds of negligent or reckless actions that lead to Montana car accidents. For example: drunk driving, texting while driving, drowsy driving, speeding, following too closely, failure to yield, red light running, and drugged driving (which includes prescription drugs as well as illegal narcotics).

Although Montana law requires that all drivers carry liability insurance, too many people choose to break the law. This means that when they cause an accident, it can be much harder to hold them responsible and adequately compensate the injured party. Having your own insurance is helpful, but as I’ve heard too many times – insurance companies don’t make money by approving claims. If you’re the victim of a Montana car accident, you may find yourself fighting your own insurance company. At times like that, having knowledgeable and skilled attorneys can make a huge difference.

Wrongful Death in Montana

A claim for wrongful death in Montana is created by § 27-1-513, MCA which describes a cause of action that may be brought be the heirs of the decedent (the person who passed away). In its most basic form, wrongful death is when someone dies because of the actions of another person. Fatal automobile accidents, botched surgeries, even rock climbing accidents can all lead to wrongful death claims.

One purpose of a wrongful death case is to compensate the heirs for the harm or damages they personally suffered as a result of the death. Generally, in a wrongful death claim, the heirs may recover for loss of consortium, loss of comfort and society, and the value of the contributions the decedent would have made to the heirs’ support education, training, and care. This last section is sometimes described as lost wages, but that’s not entirely correct. Because wrongful death is focused on the survivors, that section actually deals with what percentage of the decedent’s earnings could have been passed on to the survivors.

The damages for wrongful death are the damages of the heirs which occur because of the wrongful death. They are not damages that were sustained by the decedent. Those may be recovered as well, but in a separate action known as a survivorship claim. These two claims are closely related, but focus on different aspects of the law.

Ironically, the survivorship action focuses on the person who died while the wrongful death claim is for the living.

If you believe you have a wrongful death claim it is important that you act quickly. Waiting too long can impair your attorney’s ability to investigate and develop your case, but it could also completely end things before they even start. MOntana has a three year statute of limitations on wrongful death cases. This means that a wrongful death claim mud the brought within 3 years or it can never be pursued. The time starts running upon the death of the victim.

But why wait at all? Most wrongful death attorneys offer a free initial consultation to discuss your case and explain your rights. Obviously I hope you will contact the wrongful death lawyers at Measure, Sampsel, Sullivan & O’Brien, P.C., but whatever you decide, please see someone sooner than later.

What to do if you are Involved in a Montana Car Accident

Montana is a huge state with roads crossing most of it. With those odds, it’s no surprise that car wrecks happen every day with types of injuries ranging from minimal to life ending. At the time of an accident, it’s almost impossible to determine whether it will result in litigation. For that reason, it’s always best to err on the side of caution and protect your rights. It may not matter, but if it does – it will really matter. To do that, we recommend the following steps as a good starting point:

1. First, take care of yourself. You’ll be no good to anyone else if you try to over-do things and wind up needing more help.

2. If you can move, start checking on other people involved in the accident. If anyone is injured, or needs assistance, call 911 and follow their instructions.

3. When the police arrive, tell the truth. Talk only about what you know, and don’t guess what was going on in the other car. Be police to the officer.

4. Be polite to everyone. Tempers may be high after a collision, but getting angry isn’t going to make anything better or change what happened. Exchange insurance information and try to keep things civil.

5. Write down the driver’s name and contact information. You may have an iron trap memory, but this is a traumatic event and you’re exchanging important information. Write it down.

6. Look for witnesses. If you notice someone who witnessed the whole event write down their contact information.

7. Photos can be a huge help later, but only take them if you can do it safely. Different angles of the damage to your vehicle can be vital. Gouge marks, yaw marks, and skid marks can all help establish what happened later.

8. If you are injured or in pain, and don’t need immediate medical attention, go see a doctor as soon as possible. Forget about a possible case, do this because you’re health is important and the longer you wait the more damage their could be.

9. Call your insurance company. Report the accident and write down the claim number that they give you.

10. Photograph any injuries that you have. Do this after you’ve left the scene of the accident, but don’t wait too long.

11. Call an auto accident lawyer to learn more about your rights as they pertain to your specific situation. Articles like this are broad and not tailored to your specific needs. Call someone (we offer a free consultation) to learn more about your rights and what else may be in your future.

Kalispell Car Accident Lawyers

After a car, truck, or motorcycle accident, injury victims deserve full compensation in a timely manner. At Measure Law Office, located in Kalispell, our Montana car accident lawyers will help secure the compensation you deserve in serious injury claims. We look at aspects such as future medical treatment, physical therapy, medical equipment, prescription drugs, lost earnings, and other factors. If you’ve been involved in a traffic accident in the Flathead Valley call us today to schedule a free initial consultation.

We view the client-attorney relationship as a partnership. We provide professional legal advice and help you obtain the compensation you need and deserve. And more than that, we talk to you throughout the process. Instead of handling your claim without your input, we consider you vital to every step of the process. At Measure Law Office, it really is a team effort.

Automobile, truck, and bus accidents happen every day. But when they happen to you, or to someone you know, they change lives. And car accidents may involve more than determining fault. Your case may involve issues such as determining insurance coverage, medical expenses, wage loss and uninsured motorist (UM) and underinsured motorist (UIM) coverage. We also work with your doctors to keep your case moving smoothly, and to be certain that you receive compensation for all of your injuries, including pain and suffering, wage losses, property damages and other claims.

We know that car crashes, motorcycle wrecks and ATV accidents change hundreds of lives every year. Victims may be killed or suffer debilitating injury, such as traumatic brain injury, brain damage, spinal cord injury, paraplegia, quadriplegia and paralysis.

If you’ve been involved in a Kalispell car accident, call me today at 406-752-6373 to schedule a free consultation and learn more about your options.

Kalispell, Montana Car Accident Lawyer

At Measure Law Office, we represent people in Kalispell and across Montana who have been injured in car accidents. One of the most dangerous things many of us do on a daily basis is get behind the wheel of a car. And often, the danger comes not from our own driving, but the other vehicles on the road.

Think of the hundreds or thousands of cars you pass each day on your way to and from work, going to the grocery store, or just out and about. Do you trust they’re all paying attention all the time? Really, it’s a miracle that there aren’t more car accidents in Kalispell.

Distracted driving is an ever increasing problem, causing a huge number of car accidents across Montana and in the Flathead Valley. With fancy stereos and cell phones more powerful than desktop computers, people are paying less and less attention to the road, and more attention to their Facebook profile. In fact, recent studies have shown that texting while driving results in a more impaired driver than one who is at the legal limit of alcohol consumption. A drunk driver is safer than a texting driver.

Combine that with the winter weather we face as residents of northwest Montana, and the undeniable reality is that car accidents will happen. And when you’re the victim of one, you need an accident lawyer who will fight for the best result and help you navigate the confusing paths of an injury claim.

If you’ve been injured in a car accident, whether you were the driver or a passenger, we can help make sure you are compensated for your loss. You may have medical bills, lost work, and other damages that can leave you financially hurt. Call Measure Law Office today at (406) 752-6373 to schedule a free meeting to discuss your case.

Hiring the Right Montana Accident Lawyer for You

If you’ve been injured and are considering hiring a Montana injury lawyer, it’s a decision to take seriously. This is a person you will be working closely with for a long time in stressful and important times. You need to trust that your injury lawyer is working for your best interests. More than that, you need to KNOW that he will work hard and get you the best possible result.

But how do you do that? Here’s a hint: it may not be the first injury that you talk to. And that’s ok. Like me, most Montana injury lawyers offer a free first meeting. You should take advantage of this to meet different attorneys and find one that fits you. It’s like hiring a new employee or choosing a spouse – be picky, you’re going to be stuck with this person for a while.

But the reality is that for many people, choosing their injury lawyer will be their first contact with the legal system. If you’ve been injured, you may not have worked with a lawyer before, so how do you choose the right one for you. Here are a few suggestions:

  1. Ask family and friends for recommendations. We all know someone who has worked with a lawyer before. Find someone who had a great experience. That lawyer may not practice as a Montana injury attorney, but he can probably point you in the direction of someone he trusts. And that’s a great first step.
  2. Find someone who specializes in injury law. The reality of practicing in Montana is that lawyers tend to wear many different hats. Ideally, you want someone who devotes time and energy to injury law. While just about any lawyer in Montana would be willing to take your case, it doesn’t mean they study the cases and stay current on the law. In fact, you may even be able to find an attorney that specializes in your specific type of injury. This goes back to my suggestion that you interview different attorneys. It’s also worth asking any injury lawyer you interview whether they know of anyone who focuses more directly on your injury.
  3. Consult the attorneys website and written publications. A glitzy website and an alphabet of academic credentials do not make a lawyer good, but they may give you more information about the person you are considering hiring. A lawyer who shares his thoughts and expertise with the world is giving you a free preview of their work. Take advantage. See what they’ve written, you’ll be surprised how much you can learn.
  4. Ask the bar. The Montana Bar Association has a free service for referring clients to lawyers who practice in certain areas. While this certainly won’t guarantee a good lawyer, it’s a better place to start than the yellow pages in my opinion. You can also check with the bar to find out whether an attorney has been disciplined or suspended. Remember, knowledge is power.
  5. Interview them. Like I said before, most Montana injury attorneys offer a free initial consultation. Take advantage of this time to interview the lawyer in the same way that he’s interviewing you. You don’t have to hire the first person that you talk to, and you may not want to. But at least use the time to inform yourself about the person you’re giving intimate access to.

The bottom line is that hiring a lawyer to represent you in a personal injury case is an important decision, but a difficult one to make. Take your time and do it right the first time, you’ll be glad you did.