Montana personal injury lawyer
Hurt in a Montana crash? Talk with a lawyer today.
Bob McCarthy has practiced law in Montana since 1990. Free consultation by phone, by video from our virtual office, or in person by appointment.
No attorney fee unless we recover money for you. Case costs, such as records, filing fees and expert fees, are separate from the attorney fee, and you may be responsible for them. Your written fee agreement explains exactly how costs are handled.
- Licensed in MontanaState and federal courts
- StatewideFrom Libby to Miles City, by phone and video
- Virtual officeBook a video consultation online
- Free consultationTalk it over before you decide anything
What we handle
Injury cases on Montana roads and beyond
Our practice centers on people hurt by someone else's carelessness, and on the insurance claims that follow.
Semi-truck and commercial vehicle crashes
Trucking cases involve federal safety rules, company records and electronic data that can disappear quickly. Acting early matters.
Truck crash cases →Car and pickup crashes
Rear-end, intersection, highway and rollover crashes, including rideshare crashes.
Car crash cases →Uninsured and underinsured drivers
When the other driver has no insurance or not enough, your own policy may help.
UM and UIM claims →Motorcycle crashes
Riders often face blame they do not deserve. We push back with the evidence.
Motorcycle cases →Wrongful death
Claims for families who lost someone in a crash or other preventable event.
Wrongful death →Pedestrian, bicycle, dog bite and fall injuries
People hit while walking or riding, and injuries on someone else's property.
Learn more →How it works
What happens after you call
A clear path from the first phone call to resolution. You will know where your case stands at every step.
- Free consultationPhone, video or in person. We check for conflicts, listen, and tell you plainly whether we can help.
- InvestigationWe gather the crash report, photos, video, witness accounts and insurance information, and send preservation letters.
- Medical care and billsYou focus on treatment. We track bills and records and press insurers to pay what Montana law requires.
- Demand and negotiationWhen your recovery is understood, we present the claim and negotiate. You decide whether to accept any offer.
- Lawsuit if neededIf the insurer will not be fair, we file suit and prepare the case for trial.
Montana law
Four Montana rules the insurance adjuster may not mention
General information only. How these rules apply depends on the facts of your case.
Medical bills may have to be paid as you go
When the other driver's fault is reasonably clear, the Montana Supreme Court has held that their insurer must pay your accident-related medical bills as they come in, without waiting for a final settlement or a release.
Ridley v. Guaranty National Insurance Co., 286 Mont. 325 (1997)Not wearing a seat belt is not evidence of fault
In a Montana injury case, evidence that you were or were not wearing a seat belt is not admissible, and not wearing one is not negligence.
Mont. Code Ann. § 61-13-106You can recover even if you were partly at fault
Your recovery is reduced by your share of fault, but it is not barred unless your fault was greater than the fault of those you are claiming against.
Mont. Code Ann. § 27-1-702You have limited time to act
Most Montana injury claims must be filed within three years. Claims against government agencies must first be presented in writing, which takes extra time.
Mont. Code Ann. §§ 27-2-204, 2-9-301Damages
What an injury claim can include
Every case is different. These are the kinds of losses Montana law allows an injured person to claim.
Medical expenses
Past and future care: ambulance, hospital, surgery, therapy, medication and mileage.
Lost income
Missed work, and lost earning ability if the injury affects your future work.
Pain and loss of enjoyment
Physical pain, emotional distress, and the activities you can no longer do.
Property and other losses
Vehicle repair or value, rental cars, and other out-of-pocket costs.
Virtual office
Meet your lawyer without the drive
Montana is big. You should not have to cross a mountain pass to get answers. Our virtual office lets you book a free consultation online and meet Bob McCarthy by secure video or phone.
- Pick a timeChoose a video or phone consultation that fits your schedule.
- Get your linkYou receive a confirmation email with a private Microsoft Teams link. Nothing to install; it works in your browser.
- Talk it throughAsk your questions, share documents securely, and get a clear plan.
Areas we serve
Montana roads we know
Our office is in Butte. We represent clients statewide by phone and video, and we travel when the case requires it.
Butte
Our home office. Crashes on I-90, I-15, Homestake Pass and Harrison Avenue.
I-90 · US-93 · US-12Missoula
I-90, US-93 over Evaro Hill, Reserve Street and Lolo Pass.
I-90 · US-191 · BOZEMAN PASSBozeman
I-90 over Bozeman Pass, Gallatin Canyon, and fast-growing city streets.
I-90 · I-94 · KING AVEBillings
Montana's largest city, where I-90 and I-94 meet and oilfield trucks travel.
I-15 · US-12 · MACDONALD PASSHelena
I-15, U.S. 12 over MacDonald Pass, and state-government traffic.
I-15 · US-87 · 10TH AVE SGreat Falls
I-15, U.S. 87 and 89, and 10th Avenue South.
The sooner we start, the more evidence we can save.
Crash scenes are cleared, vehicles are repaired, video is recorded over and truck data can be overwritten. Talk with us early, even if you are still being treated.
About the firm
Butte roots. Statewide reach.
Bob McCarthy has practiced law in Montana since 1990, representing people against insurance companies after crashes and injuries. When you call, you talk with the lawyer responsible for your case. When a case calls for more than one lawyer's eyes and skills, Bob works with attorneys across Montana, at no added fee to you, and he stays involved from start to finish.
We use current technology, consistent with the duty of technology competence adopted by the Montana Supreme Court, to keep your case moving and keep you informed: secure document uploads, video meetings and prompt updates. A lawyer makes every legal judgment.
About Bob McCarthy
Questions
Common questions after a crash
Should I give a recorded statement to the other driver's insurance company?
You are generally not required to give the other driver's insurer a recorded statement, and it is usually wise to talk with a lawyer first. Your own insurer is different: your policy may require you to cooperate with it.
What does a consultation cost?
Nothing. The first consultation is free, and you are under no obligation to hire us.
Who pays my medical bills while the claim is pending?
Depending on the facts, sources can include your own medical payments coverage, your health insurance, and the at-fault driver's insurer when fault is reasonably clear. We help you sort out the order.
How long do I have to file a claim in Montana?
Most Montana injury and wrongful death claims must be filed within three years. Some claims have shorter deadlines or extra steps, including claims against government agencies. Do not wait until the deadline is close.
Do I have to come to Butte?
No. Most clients meet with us by phone or video through our virtual office, and we can arrange in-person meetings by appointment.
The other driver had no insurance, or not enough. Now what?
Your own policy may include uninsured or underinsured motorist coverage. Those claims have their own rules, so bring your policy to the consultation.
How long will my case take?
It depends mostly on your medical recovery and on the insurer. We usually do not settle until we understand your injuries and future care. Cases that go to suit take longer.
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