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Could My Situation Warrant A Personal Injury Suit?

personal injury lawyer billings

The first step in any personal injury claim is figuring out that you even have grounds for a claim in the first place. As simple as this may sound, it can actually become quite complex in some situations. For specific cases, you should set up a consultation with a lawyer in your area to help you determine if you have a viable case. Our experienced legal professionals at Tourtlotte Law Firm in the Billings area specialize in personal injury law and are here to help. Before all that, however, it is valuable for you to at least know the basics of a personal injury case and what amount of compensation you can typically expect to receive depending on the case.

The Four Types of Personal Injury Cases

personal injury lawyer billingsAccidents-

Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.

Intentional Acts-

Personal injury laws apply in situations in which the defendant causes harm through their purposeful conduct. Examples of this include assault and battery.

Defective Products-

In some situations, a defendant can be liable for a personal injury claim even if there was no negligence or intentional wrongdoing on their part. Examples of this include certain types of product liability claims arising from a defective product.

Defamation-

Defamation is defined as a false and unprivileged statement of fact that is harmful to someone’s reputation. It is also published “with fault” meaning as a by-product of negligence or malice. If someone releases a defamatory statement towards you, they may be liable for a personal injury suit.

How Much Compensation Am I Likely To Receive?

Figuring the actual amount of dollars that go into a personal injury claim can be a complicated and imprecise process. Nonetheless, the first step in negotiating a personal injury claim is to calculate a reasonable amount of money you would accept to give up your legal claim. A common formula is employed to do this, but the specifics can get quite complicated. To keep things simple, there are the variable that go into the equation.

  • Medical Expenses
  • Property Damage
  • Lost Earnings
  • Future Lost Income
  • Estimated Future Medical Expenses
  • Non-Economic Factors (money for pain and suffering)
  • Multiplier For General Damages

By taking all these factors into consideration, you will be able to obtain an initial estimate for what a future settlement may be worth. Nonetheless, you shouldn’t consider your plugging these figures into an equation on your own the final word. Consult with an attorney so they can help you estimate the amount correctly. An attorney will likely be able to help you add in factors you may not have considered. Our team of legal professionals at Tourtlotte Law in Billings has done this for countless clients over the years. Let us do it for you! If you have a potential personal injury claim don’t hesitate to call and schedule a free consultation.

 

What To Expect From The Personal Injury Claim Process

We at Tourtlotte Law in the Billings, Montana area handle many personal injury cases every year. One of the most difficult things for you, as a client, in this process is understanding what is going on and what will be happening next. To help you with this, below are the eight major steps that go into a personal injury case.

Obtain Medical Treatment

Before any legal action is taken, it is critical that you get medical treatment. Not only is this important for obvious health reasons but putting off getting treatment leads the judge and the jury to think that you weren’t seriously injured aren’t justified in your personal injury claim.

Hire An Attorney

For anything larger than a small claim, you will need a lawyer to help you through the process. Even with small claims, a lawyer is beneficial, however. The sooner you hire an attorney the better as personal injury cases can drag out for a long time.

Your Attorney Learns The Details Of Your Case

The first thing your lawyer will do is examine the details surrounding your case. Your lawyer needs to know everything about the accident and doesn’t want any surprises. Thus, you need to be totally open and honest with your lawyer about everything that happened. At this point, your lawyer will be able to really see how strong of a case you have.

Demands And Negotiation

Most personal injury claims are settled before ever going to a trial. Thus, this step is a critically important part of the process. Your lawyer will make demands to other attorney or insurance company seeking to get you the best deal possible. Both sides will go back and forth on a deal. If they agree upon one, the case will settle stopping the process here as you are rewarded your settlement.

A Lawsuit Is Filed

If an agreement is not made in the pre-trial stage then your lawyer will file a lawsuit. This starts the clock running on when you case will go to trial. The system is fairly slow so it usually takes a personal injury somewhere between one and two years to finally get to trial. Remember that a lawsuit must be filed within the timeframe given in the statute of limitation for the state you live in.

Discovery

Discovery is a legal term that basically means the process during which both sides of the case investigate the claims of the other party to understand what their legal claims and defenses will be. Depending on the court’s deadlines and the complexity of you case this process usually takes somewhere between six months and a year.

Mediation And Negotiation

Once the discovery period ends, there is one more opportunity for your case to settle in the mediation and negotiation stage. Mediation is the process in which the clients and lawyers go in front of a mediator to try and reach a settlement for the case.

TrialPersonal Injury Attorney

Last of all is the trial stage. This is where everything in this entire process comes to a head. Hopefully, a favorable ruling will be coming your way at the culmination of the trial!

This step-by-step process of a personal injury is very compact and generalized. Even so, it is still a lot of information to take in. Don’t let yourself be overwhelmed in this complex and drawn out process. Hire an attorney that will represent you well and help you gain the compensation you deserve. At Tourtlotte Law Firm in the Billings, Montana area our specialized attorneys are here to help you do exactly that.

How to Know When you Need a Personal Injury Attorney in Billings

Suffering any kind of personal injury can be a traumatic experience. Navigating through murky legalese in simply attempting to earn the compensation you deserve can compound the difficulty of such a situation. At Tourtlotte Law Firm in Billings Montana, we are committed to working individually with you to help you obtain the compensation and treatment you deserve. First of all, we want all our clients to understand when they might need out services in the first place. Below are three common situations that could make our services at Tourtlotte Law Firm right for you.

personal injuryLong Term/Disabling Injuries-

Injuries such as this often the have the most far-reaching consequences because they affect you over such a long period of time. However, figuring what compensation for such injuries amounts to in actual dollars is a very difficult and complicated process that requires a quality lawyer. Furthermore, a quality lawyer doesn’t just help you get through the process, but they can help you obtain more money in compensation.

Insurance Company’s Refusal to Pay-

If your insurance company is refusing to pay you for damages or is not paying the amount you think they should be, then it is a good time to reach out to Tourtlotte Law Firm. Trying to deal with the insurance company on your own is a complicated and time-consuming process. Don’t allow yourself to be bullied by an insurance company. With a quality lawyer on your side, you will be able to successfully get through this process and receive the fair compensation that you deserve.

Medical Malpractice-

Do you feel like you may be a victim of medical malpractice? This is another type of personal injury claim that is not possible without the help of a lawyer. In some cases, the medical professionals that are trained to help you are careless, negligent, or simply just don’t do their job right. This can, and often does, result in personal injury to those the medical professional made the mistake on. This doesn’t just relate to physical health treatments either. If you feel like you have been mistreated or received incompetent treatment from a mental health professional you may still be able to receive compensation for medical malpractice. A lawyer will be able to help you navigate you through this complicated field of law

Don’t let yourself bullied around by your insurance company, go without the compensation you need for devastating injuries, or suffer from medical malpractice without receiving the payment you deserve. To wade through the confusion of personal injury law and receive the greatest amount of compensation you deserve, don’t hesitate to call Tourtlotte Law Firm in Billings, Montana. We will personally work with you so you can understand the process you are going through and know that we will be here to listen to your concerns. If you find yourself in one of the above categories or simply wonder if you may have a personal injury claim, Tourtlotte Law Firm is here for you.