For the entire first part of this post, click here. To summarize: in a health insurance and medical provider vs. injured party situation, should the health insurance pay before the auto insurance does? Or, should the medical provider be forced to accept the discounted health … [Read more...] about Who Should Pay? Part 2
A question I get asked pretty regularly is: "so, if I hire a lawyer, does that mean I'm going to trial?" In injury cases, the answer is "probably not." In Montana, the statute of limitations for negligence is 3 years. This means that, in most injury cases, a person has three years before they must … [Read more...] about The Journey of An Injury Lawsuit
A settlement conference, here in Montana, is an informal "mediation." I put the word mediation in quotes because it might carry more technical overtones than I mean. Boiled down, a settlement conference is a meeting between parties in a dispute to try to settle a claim or case. Generally, … [Read more...] about What’s a Settlement Conference?
Depositions are a formal court proceeding and result in testimony that can sometimes be used at trial. Depositions are an attorney’s tool to find out about the other side’s case in the discovery phase of litigation. They generally take place after litigation has begun, but before trial. Everything … [Read more...] about What’s a Deposition?
In my previous post, I discussed the Ridley decision of the Montana Supreme Court. This is the case that requires insurance companies to pay for an injured party's medical expenses where liability is "reasonably clear" and the medical expenses are "causally related" to the accident. As anyone who … [Read more...] about Dubray-Montana Law on Advance-Payments
Back when I was first out of law school, I took a job with a firm that does some insurance defense. One of my first interactions with an insurance company was a conversation I had with an adjuster who was wondering whether she actually had to pay for an injured person's medical expenses -- before … [Read more...] about Ridley-Montana Law on Advance-Payments