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Guide

How an injury case works

From the first call to the final check, step by step.

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

  • You decide whether to accept any settlement.
  • Most cases settle, but we prepare each case as if it will be tried.
  • At the end you receive a written statement of how the money was distributed.

1. Free consultation and conflict check

We start by confirming we do not already represent anyone on the other side. Then we listen, answer your questions, and tell you plainly whether we can help. If we take the case, you receive a written fee agreement.

2. Investigation

We gather the crash report, photos, video, witness information and insurance policies. In truck cases, we send preservation letters right away.

3. Treatment and records

Your job is to get better. We track your care, collect records and bills, and work with insurers on medical payments.

4. Demand and negotiation

When your condition has stabilized and your future care is understood, we present a written demand with the evidence and negotiate. Many cases resolve at this stage. You decide whether to accept any offer.

5. Lawsuit

If the insurer will not be fair, we file suit. The case moves through written discovery, depositions, and usually mediation. Most cases settle before trial, but we prepare every case as if it will be tried.

6. Resolution

After a settlement or verdict, we resolve medical liens, pay case costs and the fee under your written agreement, and give you a written statement showing exactly how the money was distributed.

How long it takes

Timing depends mostly on your medical recovery and on the insurer. Claims that settle without suit often take months. Cases that go to suit often take a year or more.

We use secure online tools to share documents and updates, so you always know where your case stands.

Related pages

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

Free consultation by phone, video or in person by appointment.