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(406) 315-3737Quick answer: Most Montana personal injury cases resolve in a few months to two years. The timeline depends on medical stability, the strength of liability proof, the number of defendants and insurance policies involved, and whether your Montana personal injury lawyers are prepared to take the case to trial if negotiations fail.
There is no true “average” timeline. A case moves as fast as the evidence allows a fair settlement value to be proven.
Every injury case is different. Some clients complete conservative treatment in a matter of weeks. Others require surgery, physical therapy, or long-term care that takes months to evaluate.
Liability may be straightforward or heavily disputed. Insurance coverage may be simple or spread across multiple commercial, governmental, or excess policies. Because settlement is an exchange of risk for certainty, a Montana personal injury claim only progresses as quickly as the medical and factual proof allows.
1. Intake and Evidence Preservation
Early investigation is critical. Time-sensitive evidence may include law enforcement reports, 911 recordings, body-cam footage, surveillance video, vehicle data, scene photographs, and witness statements. In Montana, weather, distance, and delayed inspections can cause evidence to disappear quickly.
Prompt preservation protects the claim and prevents early insurer pressure before the injury is fully understood.
2. Medical Diagnosis and Stabilization
Doctors identify injuries, order imaging, and attempt conservative treatment. If surgery or invasive care is recommended, the timeline often pauses while treatment decisions are made and recovery progresses.
Settling before the medical picture stabilizes can significantly undervalue future medical needs and long-term work limitations.
3. Liability and Damages Work-Up
Once treatment clarifies, lawyers translate medical findings into legal proof and financial damages. This phase includes analyzing fault, reviewing records, coordinating expert opinions when needed, and documenting how injuries affect daily life and earning capacity.
Clear liability and well-supported damages are what move a case toward meaningful settlement discussions.
4. Negotiation and Litigation
After liability and damages are supported, a comprehensive settlement demand is presented. If insurers delay, deny responsibility, or undervalue the claim, filing suit in Montana state or federal court compels document production and sworn testimony.
Many cases resolve after depositions. Others require trial dates to create real leverage.
Insurers and juries compensate what can be clearly proven. If treatment is ongoing or future care remains uncertain, insurers often discount settlement value.
Once a person reaches medical stability, doctors can credibly explain future care needs. At that point, the value of a Montana personal injury case becomes far more concrete.
Not always. Minor injuries may resolve fully and quickly. For more serious injuries, the key is having a stable treatment plan and a reliable medical opinion regarding future care.
Settlement does not require the final follow-up appointment—only clarity.
A pre-existing condition does not defeat a Montana personal injury claim. The law recognizes that a defendant is responsible for aggravating or accelerating prior conditions.
Comparative medical records, imaging, and documented changes in daily function often resolve disputes about what was pre-existing versus what the incident worsened.
Claims involving state, county, or municipal entities often require early written notice before a lawsuit can be filed. Missing these deadlines can severely limit or eliminate recovery.
These cases require immediate calendaring and careful compliance with statutory requirements, alongside the same aggressive evidence preservation used in any injury case.
Yes. Some insurers engage in prompt, good-faith negotiations once liability is clear. Others delay, request duplicative records, or make initial offers that ignore future damages.
Demonstrated trial readiness shortens timelines. Insurers negotiate differently when delay no longer benefits them.
Once treatment stabilizes and analysis is complete, a comprehensive settlement demand is submitted. This typically includes liability analysis, medical summaries, future care projections, wage documentation, and a reasoned settlement figure.
Negotiations may proceed informally or through mediation. If resolution stalls, litigation introduces deadlines and sworn testimony that often move the case forward.
Being trial-ready means evidence is preserved early, experts are involved when needed, depositions are purposeful, and the case can proceed through discovery without delay.
This posture prevents insurers from using time as a pressure tactic.
Economic damages may include medical expenses, future care, travel for treatment, household services, lost wages, and diminished earning capacity.
Non-economic damages address pain, emotional distress, loss of sleep, and reduced enjoyment of life. Proper documentation reduces disputes and speeds negotiations.
A thorough coverage review may uncover additional policies, including umbrella or excess coverage, contractor or vendor policies, or underinsured motorist benefits.
Identifying all applicable coverage early helps avoid late-stage delays.
Most cases settle once liability and damages are fully developed. Firms that prepare every case as if it will be decided by a jury typically see stronger and faster settlement movement.
Plan for several months. Be prepared for a year or more if injuries are serious or multiple defendants are involved. The goal is the earliest fair settlement supported by evidence that withstands scrutiny.
With proper evidence preservation and a complete damages presentation, both timelines and outcomes improve.
Actual timelines vary based on injury severity, liability disputes, and insurance coverage.
Contact Boland Aarab PLLP today for a free consultation. We help injured Montanans understand their options, their timeline, and what it takes to move a case forward with confidence.