How long does it take to resolve a personal injury case involving lost wages in Montana?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a licensed attorney in Montana for guidance tailored to your situation.

Detailed Answer

The time it takes to resolve a personal injury case involving lost wages in Montana varies widely. On average, most claims settle between 6 months and 2 years, but complex cases can extend beyond that timeframe. Several stages shape the timeline:

  1. Initial Consultation and Demand: After you seek medical treatment, an attorney gathers documentation of your injuries and lost earnings. Your lawyer typically sends a demand letter to the insurer outlining damages and lost wage calculations.
  2. Insurance Investigation: Insurers review medical records, wage statements, and liability. This may take 30–90 days. If liability is clear, negotiations begin sooner.
  3. Settlement Negotiations: Your attorney and the insurer exchange offers. Simple cases may resolve in a few months. If insurers dispute liability or damages, negotiations can drag on for a year or more.
  4. Filing a Lawsuit: If negotiations stall, your attorney files a complaint in district court. Under Montana law, you must file within three years of the injury date (Mont. Code Ann. § 27-2-204).
  5. Discovery and Pretrial Motions: Both parties exchange documents, take depositions, and may file motions to resolve disputes before trial. Discovery can last 6–12 months depending on complexity.
  6. Mediation or Settlement Conferences: Courts often require mediation to encourage settlement. Successful mediation can avoid trial and shorten the process.
  7. Trial: If no settlement is reached, the case proceeds to trial. Trials in Montana district courts typically last 1–3 days but scheduling can be 6–12 months out.
  8. Appeals: If either party appeals the verdict, the appellate process adds additional months or years.

Key factors influencing duration:

  • Complexity of liability issues
  • Severity and documentation of injuries and wage loss
  • Willingness of insurers to negotiate
  • Court congestion in your county
  • Availability of expert witnesses

Helpful Hints

  • Keep detailed wage records: pay stubs, tax returns, employer letters.
  • Seek medical care promptly and follow treatment plans to strengthen your claim.
  • Consult an attorney early to meet evidence deadlines and preserve rights.
  • Ask about alternative dispute resolution—mediation can shorten timelines.
  • Stay in regular contact with your lawyer to track deadlines and progress.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.