FAQ

Do I need an attorney to settle my case?

You do not need an attorney for every injury case, but an experienced lawyer can help. The size of your case and the damages you have incurred will determine whether or not you need an attorney. We can help you decide if hiring a lawyer is in your best interest. Call us for a free initial consultation.

How long will my case take and what affects its process?

There is no set time for your case to settle. Each case is unique and has its own set of circumstances. For example, your case can be affected by the following:

  • The nature of your injuries
  • The length of your treatment—you must be released from a doctor’s care
  • The response time of your physician to medical requests
  • Your communication with your lawyer
  • Whether or not your case can be settled or has to go to court

How do I find a qualified personal injury attorney?

Choosing an attorney to represent you is an important task. Your decision should not be made on the basis of advertising alone. In particular, we believe that experience is very important. Montgomery Law has been handling personal injury claims and insurance disputes for more than 35 years.

How important is a lawyer’s experience?

The longer you’ve been practicing in a particular area of the law, the more knowledgeable you become. Our Idaho personal injury attorneys have settled hundreds of injury claims, and we believe that experience definitely played a role in the outcome of these cases. Montgomery Law firm’s expertise with insurance claims and personal injury law for over 35 years continues to achieve the results our clients deserve and expect.

What can I expect from Montgomery Law?

Even though every case is different you can expect us to:

  • Conduct an initial interview with you to answer your questions and educate you on personal injury claims
  • Gather documentary evidence for your claim including police reports, medical records, and bills
  • Review your insurance policy to better understand your current coverage and what coverage you may need in the future
  • Interview known witnesses for your accident claim
  • Collect other evidence, such as photographs of the accident scene
  • Talk to your physicians to obtain their written reports on your medical condition
  • Review your health insurance policy or welfare benefit plan
  • Investigate the validity of any liens on your case from doctors, your employer, or the insurance company
  • Contact the insurance company to put them on notice of the claim
  • Prepare witnesses and healthcare providers for settlement, depositions, and/or trial
  • Prepare and organize medical and demonstrative exhibits for trial
  • File briefs and motions with the court to eliminate surprises at trial
  • Take the case to trial if there is no settlement (90% of our cases are settled without going to trial)
  • Review the jury’s verdict to determine if either side has grounds to appeal the case

Are there any issues that can negatively affect my case?

Clients sometimes ask their attorney to refer them to a doctor. Your attorney will handle the legal aspects of your claim, and your treating physician(s) should handle your treatment and referrals to other physicians. We do not refer clients to specific doctors.

Do not hide past accidents from your attorney. The reality is that the other side may already know if you have been in prior accidents. All insurance companies subscribe to insurance databases and often the only reason they ask you about prior accidents is to test your credibility. Be honest.

Do not hide past injuries. If you have seen a doctor in the past, there is a record in existence that the insurance company will find. If you lie about it, your case could be over.

Not having accurate tax returns. Most of the time, a claimant will have lost income. You will only be able to claim lost income if your past tax returns are in order.

Misrepresenting your injuries. Insurance companies routinely hire private investigators to conduct surveillance. If you claim that you cannot run, climb, or lift, and you get caught on videotape, your claim may be over. It is difficult to dispute evidence caught on video.

Can I sue in small claims court?

If you are unable to agree with the insurance company or other driver regarding property damage and you do not have collision coverage, you can sue in small claims court. Idaho small claims courts are designed to handle cases where the amount of the dispute is $5,000 or less. If you were injured in the accident, you will have to make a claim for both your injuries and the damages to your car, and if you file in small claims court on the property damage claim only, you may later be prevented from pursuing your claim for personal injuries in a separate lawsuit.