Our Practice Areas
Claim for Personal Injury
A claim for personal injury includes any type of fault-based accidental or intentional injury. Oftentimes it is difficult to determine if someone is responsible for your injury. As a result, an injured person may end up bearing the costs of an injury when another party is legally responsible. At Duckworth Law, we are experienced with a wide variety of claim for personal injury, and have a keen eye in finding the responsible party. If you have been injured, come meet with us and we can advise you whether you may have a claim for personal injury against a responsible party.
There is a misconception that an injured person can save money by not getting an attorney or that a claim with an insurance company can be handled without an attorney’s assistance. Although this may be true in some cases, an experienced personal injury attorney will be able to maximize your recovery. Insurance companies may try to get an injured person to settle quickly and for a lower amount than the person could get with the help of an attorney. If your case involves an insurance company, it is generally in your best interest to at least consult with a personal injury attorney before settlement. An initial consultation is free; if we are hired the case is handled on a contingent fee basis (percentage of recovery).
Common Types of Claim for Personal Injury
Car Accidents or Automobile Accidents
Car accidents are the most common type of claim for personal injury since most of us drive cars every day. If you have been injured in a car accident, you may be entitled to recover insurance proceeds either from your own insurance company or another driver’s insurance company. There are many different automobile insurance policies and it may not be immediately clear that you are entitled to an insurance payment. Common types of coverage include medical payments coverage, liability coverage, uninsured motorist coverage, and underinsured motorist coverage. Automobile insurance contracts are confusing but we have many years of experience dissecting insurance policies. We can help you recover all available insurance money from your accident to maximize recovery, and help pay your medical bills, wage loss, pain and suffering, and more. We can maximize your settlement or verdict. We represent people injured in car accidents in Polson, Ronan, Kalispell, Missoula, Lake County, Flathead County, the Flathead Reservation, and all across Montana. Serious injuries from a car accident require an expert Montana attorney.
Information regarding Car Crash Cases:
Click here to read more about steps to take when you have a personal injury claim from an accident.
Head or Brain Injuries
There are a wide variety of head injuries. Some are subtle and difficult to diagnose, and others are apparent and devastating. It is critical that you obtain medical attention as quickly as possible. One of the most important things, particularly in subtle brain injury cases, is getting to the right medical provider who has the experience to diagnose and treat you injury. This often requires a specific brain injury specialist, and a multidisciplinary approach. Call us about your traumatic brain injury. We handle cases serious brain injury cases in Polson, Ronan, Lake County, Flathead County Missoula County, Western Montana, the Flathead Reservation and more.
Medical malpractice (medical negligence) also involves a legal claim for personal injury that results from the carelessness of a doctor or other health care provider. These cases essentially involve injury caused by sub-standard care; that is, medical care that one should have been able to count on receiving. Injuries can be severe and devastating to the victim. If a medical professional’s treatment is beneath the accepted standard of care, and causes injury, there may be liability. If you are the victim, contact Duckworth Law. We review personal injury cases from medical malpractice in Polson, Lake County, Flathead County, the Flathead Reservation, and all across Montana.
It is difficult to think of every type of claim for person injury. The question is –did someone’s carelessness cause your injury? Injuries to person or property can result from many unexpected situations. If you have been injured and it was caused by another’s fault or carelessness, you may have a claim for personal injury. Some common examples of personal injury claims include: dog bite, motorcycle accident, construction accidents, bad faith, fraud, consumer protection, sexual assault or rape, wrongful termination, employment law, discrimination, drunk driving accidents, bus accidents, trucking accident, and any other injury claim in Montana. Contact us for questions about your injury claim.
If you are hurt on the job, you are entitled to recover medical and wage loss compensation from your employer’s workers’ compensation insurer. Work comp is a no-fault based claim for personal injury.
Montana State Fund is Montana’s largest insurer, but there are many other Montana workers’ compensation insurance companies. Even if your employer does not carry workers’ compensation insurance, you may still be entitled to recover for your injuries from the Uninsured Employer’s Fund. Montana workers’ compensation claims are regulation by the Employment Relations Division of the Department of Labor and Industry.
Work injuries can occur in a variety of ways. They can range from a back injury due to lifting, a fall, or any other kind of injury. The injury does not have to be anyone’s fault for recovery of workers’ compensation benefits. Additionally, an injury does not have to be a sudden event that causes injury. Workers’Compensation also covers conditions that develop from work over a period of time, with a gradual onset (occupational disease). So if you have a condition that has developed over a period of days, months, or even years, you still may be entitled to workers’ compensation benefits. A work comp claim for personal injury starts with filing a First Report of Injury (FROI).
Montana Workers’ Compensation law can be complex but its purpose is to provide medical and wage loss benefits to a person injured on the job. A knowledgeable attorney can navigate the complex workers’ compensation system to maximize your benefits. Here is a basic overview of the Montana workers’ compensation system.
Below are links to additional information about the Montana workers’ compensation system:
With a work injury, it is important to act quickly so you do not miss a deadline. If you have been injured at work, come see us and we can help you get the benefits you need and deserve.
What Areas do We Serve?
Duckworth Law office handles workers’ compensation cases across Montana. Located in Polson, Montana, in beautiful Northwest Montana, a majority of our workers’ compensation cases are from Polson, Ronan, Missoula, Kalispell, Lake County, Missoula County, Sanders County, Lincoln County, and Western Montana. We also represent workers’ compensation claimants across Montana using technology and willingness to travel. We can maximize your Montana workers’ compensation claim settlement.
Insurance questions arise in a variety of areas including automobile insurance, homeowners insurance, general liability insurance, life insurance, etc. Insurance is meant to provide coverage contingent upon the happening of a risk causing harm. We most often see insurance issues arise as an offshoot of a claim for personal injury. Oftentimes claimants are told by an insurance agent or adjuster that the policy does not cover a loss. However, courts are the ultimate decision maker. Montana courts have traditionally construed insurance policies liberally in favor of providing coverage. Courts tend to interpret insurance policies to afford coverage for losses. If an insurance company refuses to pay, a competent attorney can take the insurance company to court for a determination whether there is coverage.
Contact Us About Your Case
The information on this website is for informational purposes only and is not legal advice. Nothing on this website is intended to create an attorney-client relationship. You should consult with an attorney regarding your individual case.