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Slip and Fall Cases Lawyer in Montana


How do I know I have a case?

The best way to know if you have a case is determining if the other party is at fault. For example, with a slip and fall case, you could have slipped and fell on someone else’s property. You also have to have been injured as a result. Owing to the differences in every case, the best way to find out if you have a case is calling our firm. You will be able to speak to an attorney directly. He or she will be able to evaluate the specifics of your case and let you know whether it should be pursued or not.

How long will the process take?

There is not necessarily a specific time frame. The process depends on how long you are receiving treatments for your injuries. We wouldn’t want to settle your case with the insurance company if you are still getting treatments for your injuries. There are several reasons for this, namely we want to be sure that the at-fault insurance carrier pays all of the medical bills incurred because of the accident.

How much this cost me?

The good news is you will not have to pay anything out of your pocket. We take your case on a contingency. This means that we only get paid if we settle your case. The fees you pay will be a percentage of the total settlement we help attain for you.

Slip and Fall Settlements and Verdicts

A slip and fall injury can occur almost anywhere.  Unfortunately, these types of injuries happen rather frequently.  The terms “slip and fall” refers to a situation when someone has slipped and fallen on another person’s property.  Depending upon the circumstance, the property owner is liable for those injuries.  In other cases, the property owner will not be held responsible.  In general, a property owner is responsible to maintain their property so that it is reasonably safe.  Demonstrating that a property owner had previous knowledge about dangerous conditions and failed to fix it will lead to liability on the part of the owner.

States differ in how they handle slip and fall cases.  For instance, Montana has adopted a rule of comparative negligence.  This means if a person somehow contributes to an accident, his or her award for injuries and damages sustained will be decreased by the amount that he or she was at fault.  This means if your case went to trial and you were reading a text when you slipped and fell, the jury could hold you partially responsible for your accident.  Thus, you can still receive compensation but it will be reduced by the percent that the jury finds you to be at fault.

Often, it is challenging to prove who is at fault in slip and fall accidents.  A helpful question can be:  If the property owner had been more attentive, could the hazard have been prevented?  Similarly, you have to have a legitimate reason for being on the owner’s property in the first place.  Insurance companies will probe you with similar questions.  Because of this, contacting a reputable personal injury attorney may be in your best interest.

Slip and Fall Statistics in Montana

Slips and falls are an unfortunate common occurrence and represent a major public health problem as reported by the Montana Chronic Disease Prevention & Health Promotion Bureau (DPHHS).  Slips, trips, and falls make up the majority of general industry accidents according to the Occupational Safety and Health Administration (OSHA).  Slip and falls cause 15% of all accidental deaths and are second only to car crashes as a cause of fatalities.  Similarly, over 2.8 million older Americans visit Emergency Rooms for a fall each year according to the Centers for Disease Control and Prevention.  Of these two million people, 25% are hospitalized.

The state of Montana is also prone to slip and fall accidents.  From 2012-2014, there were over 10,000 hospital admissions related to falls as recorded by DPHHS.  This totaled to roughly 3,400 hospital admissions annually.  Falls was also the leading cause of hospitalizations due to unintentional injury (57%).  These numbers only capture part of the problem.  Statistics relating to slip and fall injuries capture the entire population as a whole, meaning those who have fallen because of complications related to arthritis, diabetes, and other health concerns are included in the data.

How Would A Personal Injury Lawyer Help Me?

If you have become seriously injured as a result of a slip and fall injury, you should consider filing a slip and fall lawsuit.  Often the medical expenses associated with such injuries can be high and further medical treatment may be required.  Your injury may have caused you to miss work for an extended period of time.  Filing a personal injury lawsuit has its place.  For instance, your personal injury case may result in compensation for your “pain and suffering.”  This compensation can help get you back on your feet.  Additionally, your personal injury attorney at the Advocates Law will assist you every step of the way.   Our experienced attorneys have likely seen a case similar to yours before.  This legal knowledge can prove invaluable in maneuvering insurance company tactics and other challenges related to your case.

Your attorney at the Advocates Law will help you in ways that you might not expect.  For instance, a good personal injury attorney can help save you precious time.  They will initiate the process of requesting your medical records and communicating with the insurance adjuster.  Also, your attorney can help you feel calm about the whole process.  Slip and fall injuries can leave victims feeling frustrated and angry.  Sometimes this can impede proper decision making.  Counseling with a personal injury attorney can help you know what to do in certain situations.

What Is My Personal Injury Case Worth?

It might be a little known fact but insurance companies use a special mathematical formula to figure out how much compensation should be given in a personal injury claim.  This formula is a tool used to determine how much your case is worth.  The insurance company will then consider other unique factors and take those into account.  Therefore, it may be in your best interest to consult with a personal injury attorney to see if your settlement is fair.  However, insurance companies are incentivized to give you the lowest possible settlement, so hiring a personal injury attorney is, at times, advantageous.

To answer the question of how much your case is worth, put simply, there is not a definitive answer.  Even after reviewing all of the details of your case personally, it is challenging for an attorney to give a specific value.  Generally speaking, a cases’ compensation is measured by present and future medical bills, present and future lost wages, and the pain and suffering damage.  This is a rough measure of what your case would be worth.  Rest assured, at the Advocates Law, once we have determined what your case is worth, we will not stop until we help you receive a fair compensation.

Statute of Limitations

Under a state rule known as the statute of limitations, the state of Montana allows three years, from the date of an injury, for a personal injury case to be filed.  A person’s legal right to pursue a case after this date will be lost.  The specific time limit is strict.  However, the time period does not officially begin until the time when the person filing the lawsuit recognized that they had suffered harm.  So, for example, if you slipped and fell and two or three months later, you began to feel back pain related to the slip and fall, then that time period would be delayed.  This is known as the “discovery of harm” rule.  Because of these deadlines, the sooner you contact us, the sooner we can begin working on your case.

Free Consultations / Contingency

The Advocates Law represents its clients on a contingency basis, meaning if there is no recovery, there will be no fee.  This gives clients a feeling of ease in being able to speak about questions or concerns with your case with your personal injury attorney.  Each case begins with a consultation.  This may be over the phone, in person, via online chat, etc.  During this time, our attorney will help you by learning everything about your case.