Not always. Montana law does not require you to hire a lawyer to make an insurance claim or to settle one, and many small claims are handled well without one. Whether you need a lawyer depends on three things: how badly you were hurt, whether anyone is arguing about fault, and whether the insurance available is enough to cover what you lost. This page is the starting point for the Decide section of our Montana Injury Claim Guide.
When You Probably Do Not Need a Lawyer
If nobody was hurt and the only loss is damage to your car, a lawyer will rarely add enough to justify the cost. Deal with the insurers directly, keep your repair estimates and photos, and keep an eye on the deadline. Montana's time limit for a claim for injury to property is 2 years (MCA § 27-2-207).
If the insurer will not pay a property or small injury claim, small claims court exists for exactly this. It hears claims of $7,000 or less, not counting costs, when the other party can be served in the county where you file (MCA § 25-35-502). You can represent yourself there, and a lawyer may not represent a party unless every party has one (MCA § 25-35-505).
The same goes for a minor injury that has fully healed, where your bills are paid and the offer covers what you lost. The one thing to be sure of is that you really are done treating. A settlement is paid in exchange for a release, and a release ends the claim, including for problems that show up later. Our article on feeling fine after a crash explains why that matters.
When a Lawyer Is Worth Talking To
| Your situation | What to weigh |
|---|---|
| Damage to your car only, nobody hurt | Usually no lawyer. Deal with the insurers directly. If they will not pay and the amount is $7,000 or less, small claims court is built for this. |
| A minor injury, fully healed, bills paid, a fair offer | Often no lawyer. Make sure you are truly done treating before you sign a release, because a release ends the claim. |
| Treatment is still going on, or a doctor mentions anything permanent | Talk to a lawyer before you settle. Nobody can value the claim until your condition has stabilized. |
| The other side says you were partly at fault | Worth advice. Your share of fault reduces what you recover, and above 50% it bars recovery. |
| Your losses are larger than the other driver's insurance | Worth advice. The question becomes where else coverage might come from, including your own policy. |
| A city, county, the State, a commercial truck, or a death is involved | Get advice early. A government claim starts with a written claim, a death claim is brought by the estate's personal representative, and a commercial carrier brings its own insurer. |
Fault is the most common reason a simple claim stops being simple. Montana lets you recover if your share of the negligence was not greater than the share of the people you are claiming against, but your damages are reduced by your percentage (MCA § 27-1-702). An adjuster who puts you at 30% has taken 30% off your claim. Our article on comparative negligence walks through how that number gets assigned.
Coverage is the second. Montana's minimum liability policy pays $25,000 for injury to one person in one accident (MCA § 61-6-103). A serious injury can pass that quickly, and then the question is whether your own policy, another driver, or an employer is also responsible.
Deadlines That Change the Answer
Most Montana injury lawsuits must be filed within 3 years (MCA § 27-2-204). Some claims move faster. A claim against the State must first be presented in writing to the Department of Administration, and a claim against a city, county, or school district must be presented to its clerk or secretary (MCA § 2-9-301). If you were hurt at work, the workers' compensation system has its own short notice rules. Our page on when to hire an injury lawyer lists the deadlines that make early advice matter.
The Options Between Alone and Fully Represented
- One consultation. A single meeting can tell you whether your claim is simple or not. Bring the documents on our list of what to bring to an injury consultation.
- Help with one task. A lawyer may limit the work to part of a matter, such as reviewing a release before you sign it, if the limit is reasonable and you give informed consent (Rule 1.2(c), Montana Rules of Professional Conduct).
- Free legal information. The Montana Supreme Court's Court Help Program helps people with civil problems who are handling them on their own. It cannot give legal advice or represent you. Montana Law Help, maintained by Montana Legal Services Association, has self-help resources too.
- Doing it yourself, with a plan. If you handle the claim yourself, our article on writing a demand letter covers what the insurer needs to see.
If You Decide to Talk to a Lawyer
Understand the money first. Our next article, how injury lawyers charge, explains contingent fees and what Montana's rules require a fee agreement to say about case costs. Then take our list of questions to ask an injury lawyer to the first meeting, and read how to choose an injury lawyer if you are comparing more than one.
How A&M Law Fits In
A&M Law is a Missoula law firm whose practice includes personal injury claims across Western Montana. We take injury cases on a contingency fee, so there is no attorney's fee unless we recover for you. Case costs are separate, and Montana's rules require the signed agreement to say which costs, if any, you would owe even if there is no recovery. You can read what our clients say on our client reviews page. If your claim is one you can handle on your own, the most useful thing a first conversation can do is tell you so.
This page explains Montana law in general as of the 2025 Montana Code Annotated and the current Montana Rules of Professional Conduct. It is not legal advice about your situation.