Bozeman Personal Injury Attorneys

Luebeck, Hammar, McCarty & Goldwarg is a Bozeman, Montana law firm with Montana trial attorneys specializing in personal injury and insurance law. Our Bozeman personal injury attorneys represent innocent Montana accident victims and are committed to representing the “little guy” against the powerful forces within the insurance industry. Contact our firm for a free consultation as to how we can assist you in your case. Below are some common frequently asked questions (FAQs) we receive from our clients.

Why Should I Retain Your Firm?
Why is it Important to Retain Your Firm at the Outset of My Claim?
What Should I Bring to My First Meeting with our Office?
How do I Pay for Your Attorney Fees?
What Does it Mean to Have a Personal Injury Claim in Montana?
How Can You Determine Who the Negligent Person is in an Automobile Accident?
What am I Seeking in a Personal Injury Claim?
What are the Types of Insurance Benefits I may be Entitled to?
How Will You Assist Me in My Case?
What are Examples of Some of the Most Common Forms of Insurance Benefits that may be Available to Compensate Me?
I Received Insurance Benefits from the Individual that Injured Me and my Personal Insurance Company is Seeking to be Repaid! What Can I Do About This?
What Can I Expect From Your Firm?

Why Should I Retain Your Firm?

As a client of Luebeck, Hammar, McCarty & Goldwarg, you will benefit from the services of experienced Bozeman personal injury attorneys who will diligently protect you from insurance company abuses, take action to ensure that the insurance carrier fully investigates your claim, pays what it owes, when it owes it, and follows Montana law in adjusting and settling your claim.

The attorneys at Luebeck, Hammar, McCarty & Goldwarg have represented Montana citizens in a wide variety of cases. In the past, our attorneys have successfully represented clients in cases involving automobile accidents, motorcycle accidents, slip and fall accidents, trip and fall accidents, dog bite cases, product liability cases, wrongful death cases, medical malpractice cases and premise liability cases, to name a few. The lawyers at our firm understand that many Montana families are not able to withstand the financial stress of unexpected medical expenses, the loss of use of the family car, uncompensated damage to the family car, or the loss of wages families may suffer as a result of injuries suffered in an auto accident or because of another’s negligence. The lawyers at Luebeck, Hammar, McCarty & Goldwarg will look to every possible source of insurance coverage to pay for your medical expenses, lost wages, automobile damage, loss of use of your automobile, and your automobile’s diminished value.

Why is it Important to Retain Your Firm at the Outset of My Claim?

If you have been injured in an accident, or through the fault of another, it is important to seek the services of an experienced personal injury law firm as soon as possible. Although the insurance adjuster may assure you they will compensate you for your losses, the fact is insurance adjusters owe a primary duty to protect the insured (the individual at-fault in the accident) and their insurance company’s bottom line. Insurance companies are not motivated to ensure you receive full and adequate compensation for your losses.

Your personal injury case begins at the time of your accident. Typically, if insurance is involved, an insurance adjuster will request you provide a statement regarding the accident. You may also have to contact the other person involved in the accident to collect information that will affect your ability to recover compensation. Any statements you provide to anyone can impact your case either positively or negatively. Benign or otherwise innocent statements you may make can later be construed against you. Since the average person is not trained on the legal impact of their actions, it is vital that you contact an attorney as soon as possible to help you with your claim and advocate on your behalf. Importantly, there are deadlines that begin on the date of the accident, which can affect your ability to recover compensation for your injuries, assert a claim with an insurance company, and/or file a lawsuit necessary to preserve your legal rights to compensation.

What Should I Bring to My First Meeting with our Office?

You should bring all of the documents related to your accident. This may include:

• Any documents you received from law enforcement.
• Any accident reports you have received.
• Any property damage estimates and receipts.
• Your medical records and bills.
• Any receipts related to out-of-pocket expenses you have paid.
• Any documents and correspondence you have received from an insurance company.
• A copy of your personal automobile insurance policy or your “declarations page.”
• A copy of your health insurance information.

How do I Pay for Your Attorney Fees?

We generally take personal injury cases on a contingency fee basis. A contingency fee is an agreement where the attorney is paid a percentage of the amount the attorney successfully recovers on your behalf. This allows everyone to obtain the services of our firm regardless of their personal finances. Our Bozeman personal injury attorneys only receive compensation when you do—regardless of the amount of time we invest in your case. In the rare event you are unable to obtain a recovery, there is no fee.

What Does it Mean to Have a Personal Injury Claim in Montana?

Personal injury in Montana simply means you have received an injury to yourself or your property. You may have a personal injury claim when another person or entity injures or otherwise harms you. For example, injuries you sustain in a car, on a motorcycle, or other automobile or traffic accident or as a pedestrian allows you to pursue a personal injury claim against the individual who injured you. For example, if Party A rear-ends Party B in a motor vehicle accident, Party B has a personal injury claim against Party A. Personal injury cases are also known as negligence or tort claims. If you have been injured because of the fault of another, you have a personal injury claim. Compensable injuries include, but are not limited to, property damage and physical injury.

How Can You Determine Who the Negligent Person is in an Automobile Accident?

Common sense is often the best way to determine who caused an automobile accident. For example, which party rear-ended the vehicle stopped at the stoplight? Which party ran the stop light T-boning the innocent vehicle with the right of way? Montana law provides that the person who caused the car accident—the negligent party—is the person who “but for” his actions, the accident would not have occurred. But for John’s action of not paying attention and rear-ending Jane when she was stopped at a red light the accident would not have happened.

In more complicated cases, determining who the at-fault party requires legal analysis and will be highly contested by the insurance companies involved. At times there are numerous at-fault individuals in an accident requiring the assistance of our firm to advocate on the injured party’s behalf.

What am I Seeking in a Personal Injury Claim?

Montana law requires a person who injures another person in an accident to “compensate” the injured person for all “damages” resulting from the accident. Compensation typically includes, but by no means are limited to, reasonable and necessary medical expenses (e.g., bills related to doctors visits, physical therapy appointments, chiropractic visits, and massage therapy), future medical expenses, lost wages, lost income, future lost income, and the value of any property damage.

Injured persons are also entitled to be compensated for changes in their quality of life as a result of the accident—sometimes referred to as “pain and suffering.” Even seemingly minor accidents can cause surprisingly significant changes to the injured person’s lifestyle. Injured persons often lose the ability to enjoy recreational activities, experience regular and chronic pain, cannot complete simple and routine tasks at work, and are unable to play with their children or otherwise enjoy their loved ones. Often times an injury is permanent and life changing. Simply stated, accidents can have huge implications on a person’s quality of life. Montana law requires the person at-fault in the accident to compensate you for these life changes.

What are the Types of Insurance Benefits I may be Entitled to?

The following table provides examples of various types of insurance that may exist to compensate you for your injuries. This table is not exhaustive of the types of accidents that may occur or the types of insurance that may be available to you. We will thoroughly review your case in order to identify all of the available insurance proceeds that may compensate you for your loss.

How Will You Assist Me in My Case?

Once we determine which insurance policies provide coverage for your accident, our Bozeman personal injury attorneys will make a claim with each insurance company and an insurance adjuster or adjusters will be assigned to your claim. We will make a demand that the insurance company immediately begin paying your medical expenses, lost wages, and/or property damage. Ultimately, insurance companies will attempt to negotiate a settlement with us to resolve your case. In the event we are unable to come to an agreement with the insurance company, or the statute of limitations deadline is approaching, we will file a lawsuit on your behalf.

The duration of lawsuits is solely dependent on the court presiding over the case. However, we are typically able to successfully resolve most cases prior to trial.

What are Examples of Some of the Most Common Forms of Insurance Benefits that may be Available to Compensate Me?

3rd Party Automobile Liability Policies

By law, every vehicle in Montana must have an automobile liability policy that will compensate individuals who are injured as a result of the driver’s negligent acts. Montana law requires the insurance company of the at-fault party in an automobile accident to pay all reasonable, necessary, and casually related medical expenses of the party they injured. The at-fault party’s insurance company must pay these medical bills as they are incurred.

1st Party Automobile Insurance—Medical Payments Coverage

Your personal automobile insurance policy may include insurance coverage entitled “Medical Payments Coverage.” Medical Payments Coverage provides insurance for medical expenses you may incur as a result of a car accident regardless of who caused the accident. If you have Medical Payments Coverage included in your automobile insurance policy, your insurance company must remit payment to you for your medical expenses that you incur in an automobile accident AND your insurance company must remit this payment even if you were the cause of the accident.

1st Party Automobile Insurance—Underinsured and Uninsured Motorists Coverage

Your personal automobile insurance policy may include insurance coverage entitled “Underinsured Motorists Coverage” or “Uninsured Motorists Coverage.” Underinsured and/or Uninsured Motorists Coverage provides insurance when the insurance of the party who caused the accident does not provide enough coverage (i.e., money) to compensate you for all of your accident-related damages. Underinsured and/or Uninsured Motorists Coverage protects you and your family in the event you are hurt by someone who is unable to fully cover your loss. Contact the attorneys at Luebeck, Hammar, McCarty & Goldwarg to determine whether you have a claim for your Underinsured and/or Uninsured Motorists Coverage.

Health Insurance

Montana law requires your personal health insurance to remit payment for your medical expenses resulting from an accident. In some occasions, you may be required to reimburse your health insurance for the benefits it paid on your behalf. This often occurs if you receive your health insurance through your employer. The attorneys at Luebeck, Hammar, McCarty & Goldwarg can assist you in navigating this process and determine the best path to receive and retain the insurance benefits you are owed.

I Received Insurance Benefits from the Individual that Injured Me and my Personal Insurance Company is Seeking to be Repaid! What Can I Do About This?

There are often multiple insurance policies available to pay your medical bills, including 3rd Party Automobile Insurance Liability Policies and 1st Party Automobile Insurance Policies, such as Medical Payments Coverage and Health Insurance. Montana law provides that innocent accident victims must be “made whole” before an insurance company can refuse to pay insurance benefits based on the availability of other insurance benefits or before an insurance company can seek reimbursement, through “subrogation,” for benefits paid that another insurance policy also pays. Under Montana law, your insurance can only be reimbursed if you have been fully compensated for your injuries, including payment of attorney fees and costs—this is your right to be “made whole.”  Please contact the attorneys at Luebeck, Hammar, McCarty & Goldwarg to discuss your right to be “made whole.”

What Can I Expect From Your Firm?

Our firm has extensive experience pursuing personal injury cases from the insurance claims status through trial and appellate review and will work with you to be compensated for your injuries. If you have been injured in an accident or because of the fault of another, contact our firm to speak to one of our Bozeman personal injury attorneys. Luebeck, Hammar, McCarty & Goldwarg is comprised of a dedicated team of Montana Personal Injury trial lawyers committed to protecting your constitutional and legal rights and helping you navigate the Montana civil justice system. We can help. Contact Us today.