Everything to Know About Car Accident Injury Settlements

While we know the most common injuries caused by auto accidents – whiplash, soft tissue damage, head injuries, fractured bones, and back injuries, to name a few – no two accidents or injuries are exactly the same.

Similarly, no two lawyers are the same, which is why it’s important to have an experienced accident injury attorney on your side who thoroughly understands you, your injuries, and the circumstances of your case. A lawyer who fights to make sure you’re fully compensated for pain, suffering, and lost income in a timely manner.

If you or a loved one has been injured, continue reading to better understand the process and timeline for filing an accident injury claim.

Steps Involved in a Car Accident Settlement Process

When involved in a car accident, the following steps should be taken.

#1 Seek Immediate Medical Attention

The first thing you need to do is see a doctor about your injuries. If the injuries are severe, you should immediately go to the emergency room. Seeing medical professionals is not just to assess and treat injuries; it also establishes a record of your injuries to be used during the claims process.

#2 Report Accident to Authorities

Legally, not all accidents have to be reported to the police; however, it’s in the victim’s best interest to do so. Let’s take a quick look at Wyoming and Montana’s laws:

Wyoming Statute § 31-5-1105

In Wyoming, you must report a crash to the nearest law enforcement agency if the following apply:

• Injury or death of any person;
• Property damage to another party’s property amounting to $1,000 or more; or
• A vehicle is disabled and cannot be safely operated.

Montana’s Uniform Accident Reporting Act

Montana also requires an accident to be reported when the following apply:

• Injury or death of any person; or
• Property damage exceeding $1,000.

#3 Evidence Collection

Your lawyer leads the charge when it comes to collecting evidence as it pertains to your case. Accident reports, witness statements, photographs (or reconstructions), and vehicle damage are among the items that need to be documented.

All injury records are collected to show the extent of damage, treatment, and ongoing care.

#4 Discuss Comparative Negligence

Comparative negligence plays an important role in determining the degree of fault for each driver involved in a wreck. Here’s how Wyoming and Montana assess comparative negligence.

Wyoming Statutes § 1-1-109

In Wyoming, an injured person can recover damages if their degree of fault doesn’t exceed 50 percent. If found to be 51 percent at fault, the injured party cannot recover any damages. If found 50 percent at fault or less, compensation is reduced proportionally to the degree of fault.

Montana Code § 27-1-702

Montana’s comparative negligence laws are very similar to Wyoming’s. If found to be 51 percent at fault, the injured person is barred from making a recovery claim, and if under 50 percent, damages are diminished proportionately based on the degree of fault.

#5 Discuss Statute of Limitations

Both Wyoming and Montana have statutes of limitations when it comes to filing an accident injury claim. Here’s how each breaks down:

Wyoming

In Wyoming, the statute of limitations is as follows:

• Four years from the date of injury to file a personal injury claim.
• Two years for medical malpractice.
• Two years for a wrongful death lawsuit.

Montana

Montana has slightly different timeframes for filing an injury suit:

• Three years for a personal injury claim.
• Four years for medical malpractice from the date of injury but not more than five years from the date of the accident.
• Three years for a wrongful death lawsuit.

#6 Communication with Insurance Company

Your attorney handles all communication with insurance representatives as he understands the tactics these companies use and can safeguard your interests. By allowing a lawyer who is experienced in accident injury representation to deal with third parties, lowball settlements are swiftly rejected, and your likelihood of receiving fair compensation increases.

#7 Settlement Negotiation & Litigation

There are often negotiations that take place between insurance companies and your legal team. It’s your lawyer’s job to advocate on your behalf, seeking the highest dollar amount. When negotiations fail, litigation may be necessary to ensure your injuries, associated costs, and potential loss of income are compensated for.

Car Accident Injury Settlement Timeline

While it’s impossible to say with 100 percent certainty how long an accident injury claim can take, here is a brief timeline that applies to many cases:

1. Medical treatment and investigation can take one to three months.
2. Negotiation phase can add another one to three months (three to six months post-collision).
3. Litigation can take approximately one to two years to come to a settlement after the initial accident date.

Injured in a Montana or Wyoming Wreck? Reach Out to Stinson Law Group Today for a Free Consultation

Each year, millions of people suffer injuries in accidents, requiring legal representation to properly navigate filing a claim. An experienced lawyer understands the procedures for evidence gathering and settlement negotiations, which is why no one should go through the process alone.

If you’ve been injured in a car accident in Montana or Wyoming, contact Stinson Law Group today. We provide free consultations and offer a no-win, no-fee agreement, under which clients don’t have to pay for legal services if compensation is not received (minus out-of-pocket expenses for miscellaneous fees related to the case).

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