An injury lawyer turns what happened to you into a claim an insurer has to take seriously. That means proving who was at fault, finding every insurance policy that may pay, documenting your injuries and what they cost, dealing with anyone who expects to be repaid from a recovery, presenting a demand, negotiating, and filing a lawsuit if the claim does not settle. Through all of it, the decision whether to settle stays with you. This page walks through the work stage by stage. It is part of the Decide section of our Montana Injury Claim Guide.
The Work at a Glance
| Stage | What happens |
|---|---|
| The agreement | A written fee agreement that sets out the fee, how case costs are handled, and the scope of the work. |
| Evidence and fault | Crash reports, photos, witnesses, and anything that shows who was at fault and by how much. |
| Finding the insurance | The at-fault driver's policy, your own coverages, and anyone else who may be responsible. |
| Medical records, bills, and liens | The proof of your injuries and what they cost, and who will expect to be repaid from a recovery. |
| Demand and negotiation | A written demand to the insurer and the back-and-forth that follows. You decide whether to accept. |
| A lawsuit, if needed | Filing before the deadline when the claim does not settle, and the court process after that. |
| The closing statement | A written account of the outcome and, if there is a recovery, where the money went. |
First, the Agreement
The work starts with a written agreement. On a contingent fee, Montana's rules require it to be in a writing you sign, to state the percentage or percentages the lawyer receives on settlement, trial, or appeal, to say which expenses come out of the recovery and whether before or after the fee is calculated, and to tell you clearly which expenses you would owe whether or not you recover (Rule 1.5(c), Montana Rules of Professional Conduct). Our page on how injury lawyers charge explains each part.
Evidence, Fault, and the Insurance
Fault matters twice in Montana. You can recover only if your share of the negligence was not greater than the share of those you claim against, and whatever you recover is reduced by your percentage (MCA § 27-1-702). So the early work is evidence: the crash report, photographs, witness names, damage to the vehicles, and anything else that shows how the collision happened. Drivers involved in a crash with injuries must report it to the police, the sheriff, or the highway patrol right away (MCA § 61-7-108), so there is often an official report to start from.
The second job is finding the money. Montana's minimum liability policy pays $25,000 for injury to one person in one accident (MCA § 61-6-103), which a serious injury can pass quickly. A lawyer looks beyond that policy: to your own uninsured motorist coverage, which a Montana auto policy must include unless the named insured rejected it (MCA § 33-23-201); to any underinsured motorist or medical payments coverage you bought; and to anyone else who may share responsibility, such as an employer or a government body. See uninsured and underinsured motorist claims.
Medical Records, Bills, and Liens
The medical record is where an injury is proved, so a lawyer collects records and bills from every provider and tracks treatment until your condition is clear enough to value the claim. Part of that work is finding out who expects to be repaid from any recovery:
- Health care providers. Hospitals, physicians, physical therapists, chiropractors, ambulance services and the other providers listed in the statute have a lien on the claim and on settlement money for treating a person injured through another's fault, once they serve the required written notice (MCA § 71-3-1114, § 71-3-1115).
- Medicaid. The state has a lien on a settlement or judgment to the extent it paid medical assistance for the same injury and the money represents medical expenses (MCA § 53-2-612).
- Workers' compensation. If you were hurt at work and also have a claim against someone else, the comp insurer has a right of subrogation that is a first lien on that recovery, with limits set by statute (MCA § 39-71-414).
- Your own policies and health plan. Med pay and health insurance may seek reimbursement under their terms.
Our page on who pays your medical bills while the claim is open explains how these fit together.
The Demand, the Negotiation, and Your Decision
When treatment has stabilized, the lawyer presents a written demand: how the crash happened, why the other side is responsible, your medical treatment and bills, lost income, and how the injury has affected your life. Our article on writing a demand letter shows what goes into one. The insurer responds, and the negotiation runs from there.
Every offer comes to you. Rule 1.2(a) of the Montana Rules of Professional Conduct is direct: "A lawyer shall abide by a client's decision whether to settle a matter." Your lawyer's job is to give you enough information to make that decision well. Rule 1.4 requires a lawyer to keep you reasonably informed about the status of the matter, promptly comply with reasonable requests for information, and explain a matter to the extent reasonably necessary for you to make informed decisions.
When the Claim Does Not Settle
If negotiation stalls, the lawyer files a lawsuit before the time limit runs out. For most injury claims that is 3 years (MCA § 27-2-204), and talks with an insurer do not stop the clock. Filing suit opens formal discovery and puts the claim on a court schedule; it does not mean the case will be tried. Our page on settling or filing a lawsuit compares the two paths.
At the end of a contingent fee matter, the lawyer must give you a written statement of the outcome and, if there is a recovery, show the amount paid to you and how it was determined (Rule 1.5(c)).
What a Lawyer Cannot Do
No lawyer can promise a result. Montana's advertising rules treat a communication that is likely to create an unjustified expectation about results as misleading (Rule 7.1(b)), and any mention of past results has to say that past results are no guarantee of future results and that every case is different (Rule 7.1(c)). If a lawyer tells you what your case is worth before seeing your medical records, ask how they know.
Deciding Whether, and When, to Get Help
Knowing what the work involves makes the next question easier: when does it make sense to bring a lawyer in? Our page on when to hire an injury lawyer lists the deadlines that make early advice matter. A&M Law handles personal injury claims across Western Montana, and you can read what our clients say on our client reviews page.
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.