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Guide

What affects the value of a claim

No honest lawyer can value a case from a web form. These are the factors that matter.

Written and reviewed by Bob McCarthy, licensed in Montana state and federal courts. Last reviewed October 31, 2026. General information, not legal advice.

Key points

  • No one can value a case responsibly without reviewing the injuries and evidence.
  • Fault and available insurance often matter as much as the injuries.
  • Consistent medical care and good records strengthen a claim.

Why we do not use calculators

Online settlement calculators cannot account for the facts that drive real outcomes. We will not estimate the value of your case until we understand your injuries, your treatment and the evidence.

The main factors

FactorWhy it matters
Nature of the injuriesFractures, surgery, brain injury and permanent impairment weigh heavily.
Medical care, past and futureThe cost and course of treatment, and what care you will need later.
Lost incomeMissed work and any loss of future earning ability.
Effect on your lifePain, limits on activities, and changes to work, family and recreation.
FaultYour share of fault, if any, reduces the recovery under Montana's comparative negligence law.
Available insuranceLiability limits, umbrella policies, and your own UIM coverage often set practical limits.
EvidenceClear records, consistent treatment and good witnesses strengthen a claim.

What you can do

  • Follow your treatment plan and keep appointments.
  • Keep a simple journal of pain, limits and missed activities.
  • Save bills, receipts and pay stubs.
  • Do not post about the crash or your injuries online.

Related pages

Hurt in a crash? Talk with a Montana lawyer before you talk with the insurer.

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