Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific case.
Detailed Answer
1. Itemize Economic Damages
First, gather all bills and receipts related to your soft tissue injury. Include emergency care, clinic visits, physical therapy, chiropractic treatments, diagnostic tests, prescription medication, and any medical devices. Add documented lost wages and out-of-pocket rehabilitation costs. Under Montana law, you can recover these economic losses in full. (See Mont. Code Ann. § 27-2-204: Statute of Limitations.)
2. Estimate Non-Economic Damages
Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life. Two common methods apply:
- Multiplier Method: Multiply total economic damages by 1.5–5. Select a lower multiplier (1.5–2.5) for minor injuries with full recovery in weeks. Use a higher multiplier (3–5) if treatment spans months or residual symptoms persist.
- Per Diem Method: Assign a daily dollar value to pain and suffering (e.g., $50–$200 per day) from the date of injury to the last treatment date. Multiply by the number of days.
Montana imposes no cap on general damages in auto accident cases.
3. Apply Comparative Fault
Montana follows a modified comparative negligence rule. If you share fault, your total recovery reduces by your percentage of fault. If you are more than 50% at fault, you cannot recover any damages. (See Mont. Code Ann. § 27-1-702: Comparative Fault.)
4. Account for Future Costs
If medical experts predict ongoing therapy or flare-ups, include estimated future treatment costs. A detailed medical report strengthens your claim and prevents under-valuing long-term care.
5. Prepare and Negotiate Your Demand Package
Draft a clear demand letter that outlines all economic and non-economic damages, includes supporting documentation, and cites applicable statutes. Present your multiplier or per diem calculation and be ready for insurer counteroffers. Maintain a professional tone and set a firm settlement deadline.
Helpful Hints
- Keep a daily journal of pain levels, activities you can’t perform, and your mood.
- Obtain detailed medical records and physician statements about your injury’s severity and prognosis.
- Document all lost wages with pay stubs and employer letters.
- Save receipts for travel expenses to and from medical appointments.
- Consult a personal injury attorney before signing any release or accepting a final offer.
- Understand that once you settle, you typically waive any future claims related to the accident.