Most Montanans will never hire a lawyer by the hour—and if they had to, many would never make it past the courthouse steps. Lawyers routinely charge more than $300 per hour. Couple fees with the costs of litigation -- filing fees, expert fees, depositions, etc. – and the courthouse door is effectively locked. The contingent fee is the key. The Montana Constitution, the Montana Code, and case law vest us with precious rights. But without a key to the courthouse, these righ

Having a time-of-injury job analysis is important in Montana workers' compensation cases because it directly impacts the determination of benefits and the worker's ability to return to work. Montana law emphasizes returning injured workers to their pre-injury employment or similar work as soon as possible. A time-of-injury job analysis is important when assessing a worker's post-injury capabilities and determining whether they can safely return to their previous job or requi

Montana's workers' compensation system is a no-fault system. The Montana Workers' Compensation Act explicitly provides that benefits are...