Frequently Asked Questions

What should I do immediately after a car accident in Montana? Move to a safe location if possible, but don't leave the scene, and turn on your hazard lights. Check yourself and others for injuries but don't move injured people unless there's immediate danger. Call 911 immediately if anyone is injured. In Montana, you must report any accident involving injury, death, or property damage over $1,000. Call 911 or your local law enforcement. Collect from all drivers involved: (1) name and contact info, (2) driver's license number, (3) license plate number, (4) insurance company and policy number, and (5) vehicle make/models/years. If possible, take photos of all vehicles, damage, road conditions, skid marks, traffic signs, and the overall scene. Note the time, date, and exact location. If there are witnesses that saw the accident, get their names and contact information. Report the accident to your insurer immediately, even if you weren't at fault. Even if you think you are not injured, see a doctor. Some injuries (like whiplash or internal trauma) appear hours or days later. Medical records document your injuries and support your claim for personal injuries. Don't apologize or accept blame at the scene. The at-fault driver is determined by law enforcement’s investigation. Any statements admitting fault can be used against you.

If your physical injuries and/or property damages are significant, consider retaining Karem Law Firm on a contingency fee basis. Our Bozeman attorneys will investigate your case, review your medical records, and consult our medical and accident reconstructionist experts to assess your case, then negotiate the best possible settlement for you. If the at-fault driver’s insurer does not settle your claim for a fair and reasonable amount, we will file a lawsuit and zealously advocate for you. Karem Law Firm accepts personal injury cases on a contingency fee basis.

For immediate guidance, call us at (406) 586-1986 — consultations are free.

For personal injuries you must file a lawsuit in a Montana district court, typically in the county where the accident occurred, within 3 years of the date of the accident. For property damage, the statute of limitations is 2 years from the date of the accident. Accidents involving a Montana government agency, city, county or state, the limitations period is 2 years and you must serve a formal written demand on the Montana Risk Management and Tort Defense Division within the limitations period before you can file a lawsuit in a Montana district court. You should record the exact date of the accident and calendar the statutes of limitations accordingly. You should contact our Bozeman attorneys for legal representation well before the limitation periods expire because attorneys need time investigate and pursue your claim.

If your physical injuries and/or property damages are significant, consider retaining Karem Law Firm on a contingency fee basis. Our Bozeman attorneys will investigate your case, review your medical records, and consult our medical and accident reconstructionist experts to assess your case, then negotiate the best possible settlement for you. If the at-fault driver’s insurer does not settle your claim for a fair and reasonable amount, we will file a lawsuit and zealously advocate for you. Karem Law Firm accepts personal injury cases on a contingency fee basis.

See our Personal Injury page or call to discuss your timeline.

A “contingency fee” means you don’t have to pay hourly attorney fees. Karem Law Firm accepts personal injury cases on a contingency fee basis, typically 33% of the settlement or jury verdict, plus costs of litigation such as medical and accident and reconstructionist experts. Karem Law Firm advances payment for the experts and costs of litigation such as court reporter fees, depositions, discovery, filing fees, etc., so you don’t have to worry about not being able to afford to pursue your personal injury claim. Karem Law Firm deducts its contingency fee and costs from your settlement or jury verdict. If there is no settlement or verdict, you pay nothing.

If your physical injuries and/or property damages are significant, consider retaining Karem Law Firm on a contingency fee basis. Our Bozeman attorneys will investigate your case, review your medical records, and consult our medical and accident reconstructionist experts to assess your case, then negotiate the best possible settlement for you. If the at-fault driver’s insurer does not settle your claim for a fair and reasonable amount, we will file a lawsuit and zealously advocate for you.

This is a good question. Montana law only requires drivers carry a minimum of $25,000 in bodily injury coverage and $20,000 in property damage coverage. Approximately 14% (1 in 7 drivers) do not have automobile insurance in Montana. The average cost of new vehicles is approaching $50,000. Montana’s liability limits may not cover your property damage and certainly may not cover your personal injury damages combined. We recommend that every driver purchase “uninsured” and “underinsured” motorist coverage of at least $250,000 or more. Uninsured and underinsured coverage is relatively inexpensive compared to the cost of medical and liability coverage. It offers you peace of mind and financial security if you are in an accident. Insurers that issue uninsured and underinsured coverage typically have terms where the coverage kicks in only after the at-fault driver’s insurance has been exhausted. You pay your insurer to step into the shoes of the at-fault driver. Making a claim against your insurer does not effect your insurance rates by law. If you do not have uninsured or underinsured coverage presently, you should add this coverage to your policy as soon as you can.

In addition to maximizing your recovery from the at-fault driver’s insurer, our Bozeman attorneys will also pursue your claim against your uninsured/underinsured coverage so that you are made whole. We approach your uninsured/underinsured coverage with the same zealousness as against the at-fault driver’s insurer. If your insurer refuses to settle your claim for a fair and reasonable amount, we will file a lawsuit for breach of insurance contract and Unfair Trade Practices Act (Consumer Protection) claims in Montana district court. Karem Law Firm accepts uninsured/underinsured claims against your insurer on a contingency fee basis.

Coverage depends on who or what caused your injuries. If you are injured on the owner’s property due to a dangerous condition, you are probably covered by the homeowner’s insurance. Some policies include medical payments that cover medical expenses if you are injured on the property, regardless of fault. If you were injured because of an “intentional” act such as being sexually assaulted in an owner’s home, policies typically exclude intentional acts; however, a homeowner, not the perpetrator, may be liable for negligence for failing to provide adequate security or knowingly allowing dangerous conditions to exist, or if a homeowner failed to supervise a minor who committed an assault on the property. Keep in mind that the homeowner’s policy in effect at the time you were injured provides coverage even if the policy is cancelled after your injury.

If your physical and emotional injuries are significant, consider retaining Karem Law Firm on a contingency fee basis. Our Bozeman attorneys will diligently investigate and explore legal avenues to bring you justice against the homeowner’s insurance coverage.

That depends on a number of considerations. If you are cited for a non-moving traffic offense and it will not effect your insurance rates, then the cost of an attorney may not be justified, specially if the fine is low and there is no possible jail time. If you are cited for a moving offense or driving under the influence of drugs or alcohol (DUI), you should retain an attorney because your fines and penalties, e.g., fines and jail/prison time, could be significant and have life long impacts on your career and ability to legally drive. If you are charged with a felony, you should definitely retain a Montana attorney.

If you have refused a breath alcohol test, your license will be suspended by operation of law for a period of 6 months to one year to for life if you have Commercial Drivers' License depending on your number of prior DUI convictions and refusals. If you are suspended, you will not be able to legally drive. Driving on a suspended drivers' license can carry jail time.

In addition to our Bozeman, Montana attorneys' critical review the prosecution's evidence and possible grounds to suppress (exclude) evidence, will appeal your drivers' license suspension in a Montana district court have stay your suspension so you can legally drive. Typically, we work with prosecutors to reinstate your drivers' license once the underlying DUI charge is resolved.

See our Criminal Law page for more information.

Most drivers believe they can refuse alcohol breath tests. That was the law for first time offenders of driving under the influence of drugs or alcohol (DUI). In 2025, the case of State v. Clinkenbeard changed the law for first time DUI offenders. Under State v. Clinkenbeard, law enforcement can now obtain a blood search warrant (blood warrant) for first time DUI offenders if an officer has probable cause to believe you are DUI. 2025 MT 54, ¶ 14, 421 Mont. 137, 565 P.3d 1259. For drivers that have one or more prior DUI convictions, an officer can apply for a blood warrant regardless of the person refusing a breath test. Short answer is you can refuse to give a breath sample, but law enforcement can apply for a blood warrant regardless of whether you refuse even if it's your first DUI offense or subsequent offense.

Our Bozeman, Montana attorneys will critically review the prosecution's evidence to determine if your breath or blood alcohol test results can be suppressed (excluded from evidence). If your alcohol results can be suppressed, then we can likely have your DUI charge dismissed.

You can refuse to take alcohol breath tests and field sobriety tests (Walk-and-Turn, One-Leg Stand, etc.) but law enforcement can still apply for a blood search warrant (blood warrant) regardless of whether you are a first time offender of driving under the influence of drugs or alcohol (DUI). If you refuse field sobriety tests, then law enforcement cannot administer the tests. Keep in mind, field sobriety tests give officers clues as to whether your are DUI, the more clues, the stronger the prosecution's case, the fewer clues, the weaker the prosecution's case.

Our Bozeman, Montana attorneys will diligently review the prosecution's evidence to determine if your breath or blood alcohol and field sobriety test results can be suppressed (excluded from evidence). If your breath alcohol and/or field test results can be suppressed, then we can likely have your DUI charge dismissed.

Cops can't stop you without particularized suspicion or probable cause. Law enforcement must have particularized suspicion or probable cause that you have committed, are committing or about to commit a crime or traffic offense in order to stop you. "Particularized suspicion" means an officer must observe specific objective facts on which the officer can believe your conduct meets the elements of a crime or traffic offense. Absent specific objective facts you have committed, are committing or about to commit a crime or traffic offense, an officer can't stop you; however, even if the officer stops you illegally (Unconstitutionally), you do not want to disobey the officer or you risk being charged with obstructing law enforcement. "Probable cause" means an officer observed facts that the officer can conclude your conduct meets the elements of a crime or traffic offense. Absent specific objective facts you have committed, are committing or about to commit a crime or traffic offense, law enforcement's stop is illegal (Unconstitutional), then the proper course is to fight your charge in a Montana court.

Our Bozeman, Montana attorneys will critically review the prosecution's evidence to determine if the stop was Unconstitutional (unlawful search and seizure). If the stop was illegal, we will file a motion to suppress (exclude) the prosecution's evidence. If the evidence against you is suppressed, then we can likely have your charge dismissed.

Yes. Under the 5th Amendment (Miranda Rights) you have a right to remain silent. If you answer questions, your answers will always be use against you by law enforcement and the prosecution. Typically, people are honest and answer law enforcement's questions in hopes the cops will be forgiving. That is never the case. As soon as you admit you had one or two alcoholic drinks, that gives a cop particularized suspicion that you are driving under the influence of drugs or alcohol (DUI) and a legal basis to conduct breath alcohol and field sobriety maneuver testing. Common cop questions are, "How much have you had to drink tonight? Where are you coming from? Where are you going?", etc. Do not admit you had anything to drink or at least refuse to answer incriminating questions. Always know the addresses of where you are coming from and where you are going. If you are not traveling from a bar and you know the addresses, that gives the cop less particularized suspicion that you are DUI.

Our Bozeman, Montana attorneys will diligently review the prosecution's evidence to determine if law enforcement's questioning of you violated your 5th Amendment right not to incriminate yourself, we will file a motion to suppress (exclude) your incriminating statements. If the evidence against you is suppressed, then we can likely have your charge dismissed.

If you are charged with a misdemeanor crime or traffic offense, you will be required to appear in a Montana justice court in the county where the offense occurred or in a Montana city court in the city limits where the offense occurred. Your citation will state a date and time that you must appear in court for your arraignment (initial appearance). FAILURE TO APPEAR ON OR BEFORE YOUR SCHEDULED ARRAIGNMENT MAY RESULT IN A WARRANT FOR YOUR ARREST. On your scheduled initial appearance date, show up early and check-in with the court clerk where you will be assigned to a courtroom. Dress in clean clothes, turn off your phone and remove any headwear. There will likely be a number of other people for arraignment present in the courtroom, including defense attorneys and prosecutors. When a judge enters the courtroom, stand until told to be seated. The judge will call you to the podium by case number and your name. Walk up to the podium. Address the judge respectfully, "yes, your honor", "no, your honor", etc. Speak only when spoken to and don't interrupt the judge. The judge will pronounce the charge against you and possible minimum and maximum penalties, then ask you how you wish to plead—"guilty" or "not guilty". You have an absolute right to plead not guilty and, by doing so, the court and prosecution are prohibited from holding that against you.

After you enter your "not guilty" plea, the judge will give the prosecution and you or your attorney an opportunity to argue your conditions of release (bail). You should be prepared in advance to argue reasons why your release conditions should be the least restrictive, e.g., release you on your own recognizance (without have to post a cash or surety bond), and then impose your conditions of release based on the judge's analysis such as the seriousness of alleged offense, public safety, flight risk, etc. For driving under the influence of drugs or alcohol offenses, courts often impose alcohol monitoring or ignition interlocks and for partner of family member assault charges GPS monitoring. Be prepared to post a cash bond, if possible, because a bail bondsman charges a fee of at least 10% of the bond amount and you don't get the fee back even when your bond is exonerated.

Finally the judge will set an omnibus (scheduling conference) hearing date. If your charge carries possible jail/prison time, you are entitled to be appointed a public defender by the court or you can retain a private attorney of your choosing. You should strictly comply will all conditions of your release. Failure to do so could result in the prosecution petitioning to revoke your release. If your release is revoked, the judge may increase your bond and conditions of release.

Our Montana attorneys will guide you through every step of your criminal case, from arraignment to trial. We will critically review the prosecution's evidence to determine if are grounds to suppress (excluded) evidence, file motions to exclude evidence and/or to dismiss your charge. If the prosecution's evidence is suppressed, then we can likely have your charge dismissed. If the prosecution's evidence shows guilt beyond a reasonable doubt, we negotiate the best possible plea agreement at the least expense to you.

Yes and no. Misdemeanor convictions for marijuana possession and misdemeanor crimes can be expunged. Felony convictions cannot be expunged. Expunging your conviction seals your case from public access; however, it does not delete your conviction from your criminal history background. Law enforcement will be able to access your conviction history even if it's expunged. That means if you want to have a career in law enforcement, federal intelligence, armed services, etc., you will need to be honest about your expunged conviction or risk being rejected for employment. For most other purposes, you can represent that you have not been convicted.

Our Bozeman attorneys can go one step further and petition a Montana district court to not only expunge your conviction but to order state and federal departments of justice to erase your conviction from your criminal background.

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See our Civil Rights page for more.

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A construction lien is a security interest against an owner's real property to secure payment for materials, services, and labor provided by a supplier, contractor, subcontractor, architect, engineer, etc., to improve an owner's property. If the owner does not pay, the lienholder can foreclose on the title owner's real property to secure payment. Under Montana law, there are strict procedural steps that must be taken to perfect a construction lien. First, if the improvement is to a single-family residence or multiple family residence of less than five dwellings, the title owner must be served with a written notice of right to claim a construction lien within 20 days of the first day of work on the property. The notice must also be recorded with the clerk and recorder in the county where the real property is located. Failure to timely serve and record the notice will result in an unenforceable construction lien. Second, a written construction lien must be recorded with the clerk and recorder in the county where the property is located and served on the title owner by certified mail or personal service within 90 days of the last day materials, services or labor were provided on the project. The lienholder must file a foreclosure action in a Montana district court where the real property is located within 2 years of the date the lien was recorded. Failure to file a foreclosure action within 2 years will void the lien. If the owner pays the lien, the lienholder must record a release of the lien with the clerk and recorder. Failure to release a lien could subject the lienholder to a slander of title claim by the owner. There are other complications with perfecting a construction and you should consult an attorney. Karem Law Firm provides its clients with templates for notices of right to claim a construction lien, construction liens, and lien releases with instructions so that clients can timely record and serve notices, liens and releases on every project as a matter of business practice.

See our Construction Law page. Deadlines are strict — act immediately.

The statute of limitations to file an action in Montana district court for construction defects is within 6 years of the date of completion of the construction. Construction defects are separate from negligence and breach of warranty claims. The statute of limitations for claims of negligence causing property damage is 2 years and negligence causing personal injury is 3 years. The statute of limitations for claims under Montana's Unfair Trade Practices Act (Consumer Protection) is 2 years. All construction defect claims must be filed in a Montana district court in the county where the property is located.

As from recording and serving a notice of right to claim a construction lien within 20 days of starting work, the first step to perfecting a construction lien is to record the lien with the county clerk and recorder in the county where the real property is located. Second, many suppliers and contractors make the mistake of not identifying the correct title owner of the real property in the lien. Often, the title owner is a corporation, limited liability company, trust, etc. Check the clerk and recorder's records for the actual title owner by getting a copy of the deed to the real property or at least searching Montana Cadastral (Montana Cadastral is not always up to date). Third, make sure the lien identifies the legal description of the property. A deed will contain the legal description of the property.

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See our Land Law page for details.

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Yes. We offer a free initial consultation on all matters. There is no cost to speak with us about your situation, and no obligation to retain the firm after that conversation.

Call (406) 586-1986 or use our online contact form to schedule a time.