Montana Injury Law Blog

A jury has awarded a former Burlington Northern Santa Fe railroad conductor $1.6 million after he slipped and injured his back at a rail yard in Whitefish.

The jury determined Thursday night after a four-day trial that BNSF was 85 percent to blame for the early 2006 accident while conductor Patrick Cheff was 15 percent to blame.

Montana Injury Attorney Terry Trieweiler said that his client was injured because he slipped and fell while entering a locker room.

The family of the only person to die in the natural gas explosion that destroyed a half block in downtown Bozeman, Montana on March 5 filed a wrongful death lawsuit against NorthWestern Energy.  The suit alleges negligence and that the defendants acted with malice by not taking steps to ensure the safety of the fractured pipe joint responsible for the explosion.  Montana Injury Attorney Mike Cok is representing the family.

A Billings, Montana woman who was attacked by a neighbors three dogs has filed a lawsuit against the dogs’ owners. Laura Peron’s complaint alleges that the neighbors were negligent when their three boxers attacked her in her own yard. She is seeking unspecified damages for medical costs, lost income, general damages for pain, suffering and physical disfigurement. She also claims to have suffered property damages when the boxers attacked her sheltie. Person is also asking the Court for punitive damages. The victim was bitten numerous times and underwent treatment for rabies. The article does not state the identity Peron’s Montana Accident Lawyer.

Source: greatfallsribune.com

Every day, millions of people across the country cross the street without incident. Unfortunately, careless and negligent drivers put these pedestrians at risk and sometimes seriously injure them. Parking lots, sidewalks, driveways, crosswalks, and public walkways are all common sites of pedestrian accidents. But anywhere that you find people walking and driving can potentially be dangerous. Sadly, pedestrian accidents can result in fractures, head injuries, spinal cord injuries, or even brain injuries. Most pedestrian accidents are linked with negligence and traffic violations. Determining who is responsible can be a complex analysis which often defies common sense. By consulting with a pedestrian accident lawyer, you can protect any potential legal claims you may have. Remember, it’s a dangerous world out there – try to be careful.

Car accidents happen for a variety of reasons: driver error, negligence, manufacturing defects, and dangerous weather. No matter the specific cause or result of the car accident, speaking with a lawyer can help you sort out your rights, options and future decisions. A Montana car accident lawyer can help in ways you probably wouldn’t expect.

Unfortunately, driver negligence is quite common. As a Montana car accident lawyer, I come across examples of it every day. All it takes is losing focus that split-second before the accident occurs. It might be talking to another passenger, talking on a cell-phone, changing a CD or radio station, eating, or applying make-up.  Otherwise small distractions can prevent a normally quick reaction to changing traffic conditions, and result in a major car accident. Things like sudden braking in stop-and-go-traffic, an unexpected object or animal in the road, or changing weather conditions can all create tragic car accidents. Sometimes, traffic or criminal laws are violated by drivers who disobey traffic signs, fail to signal while turning, speed, disregard weather or traffic conditions, or drive under the influence of alcohol and drugs.

You may have some idea of who caused a car accident, but the legal determination can be surprisingly complicated and involve questions about who acted when, which law governs the situation, and witness recollections. Even if the driver of the other car was clearly negligent, you must still prove that his negligence caused your damages. Worse still, the question of whether insurance coverage applies involves often in-depth analysis of coverage provisions, state law, and factual aspects of the accident. Luckily, a Montana car accident lawyer can guide you through these complex and contentious issues and help ensure that you’re compensated for what the other driver took from you.

Missoula injury attorney Thomas C. Bulman wrote a thoughtful and informed response in the Missoulian to claims of a medical malpractice crisis in Montana. Among other important facts, Bulman noted that in the last 10 years there have been only 24 medical malpractice trials in the state. Of those 24 cases, the patient prevailed only five times. In the past 10 years, only one Montana dentist was sued (and the dentist prevailed). In the past 10 years, only one Montana podiatrist was sued (and the podiatrist prevailed). Bulman also points out that other statistics show “a clear downward trend for complaints from patients even though the overall number of health care providers has significantly increased during this same 10-year period.”

The article is enlightening, and a great source of information for anyone concerned about medical malpractice in Montana. You can read it at the Missoulian’s website here.

Once you realize that Montana injury lawyers, and victims of medical malpractice, are not to blame for the high cost of malpractice insurance in Montana – the question becomes why the insurance companies are charging medical professionals so much for malpractice insurance.

There are more large trucks on the road today than ever before, and that means more truck accidents, more serious injuries, and more truck accident fatalities. When large trucks on on the road, they are “on the clock” which usually means running on high schedules with tough deadlines. A truck driver facing a missed deadline faces lost earnings, so he may drive faster which can lead to a serious or fatal truck accident. Even truck accidents that are not fatal usually cause serious and permanent injuries such as broken bones, scars and a variety of back, neck, spinal cord, and brain injuries. Unfortunately, truck accidents often result in wrongful deaths as well.

Big Rig Trucks are among the most dangerous vehicles on the road today. Accidents occur for many reasons, often due to the truck’s physical and design features, its immense size, weight, power, and performance, all of which affect its acceleration, braking and visibility. Some other factors that may lead to accidents are: overloaded truck, oversized truck, poor screening and training of truck drivers, poorly maintained brakes on the truck, reckless driving, unsafe road conditions, truck drivers drinking alcohol or drug use, driving in conditions of low visibility, poorly maintained tires, speeding, wide turns, blind spots, fatigued and sleepy drivers, running off the road, failure to yield the right of way, and malfunctioning safety systems.

As a Montana Injury Lawyer, I represent people who have been injured in collisions with large trucks in Montana. If you would like to speak with an injury attorney about this or any other injury you’ve suffered because of someone else’s negligence, please call me today for a free consultation.

Scott Zeilinski came into Nick’s Short Shop Party Store in Detroit wearing a mask and waiving a knife around, which he reportedly held to the employees’ throats while threatening to kill them. After taking cash and cigarettes, he started to exit the store still making threats. One of the clerks grabbed a gun and shot Zeilinski twice.

Zeilinski, who is currently serving an 8 to 22 year sentence, has filed a suit demanding upwards of $125,000 for his pain, suffering, and emotional distress. This is the sort of person who gives personal injury plaintiffs a bad name. The vast majority of victims who file accident claims are honest people who have been injured by someone else and suffered a loss because of it. My job, as a Montana Injury Lawyer, is to help those people get back what they’ve lost. One of the toughest hurdles in my job is overcoming the public perception that many injury plaintiffs are just like Mr. Zeilinski. Luckily, most of us know someone who has been injured by a careless driver in a car accident, or seriously injured because of someone else’s negligence. And we know that everyone who gets hurt isn’t like Mr. Zeilinski.

You can read the original article about Mr. Zeilinski here.

“Slip and fall” is a generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property and may include falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard (such as a gap or hard to see hole in the ground). The National Center for Injury Prevention and Control estimates that in 2004 more than 8 million people were injured in falls.

If you are on someone else’s property and are injured as a result of a dangerous condition on the property, the landowner or business proprietor may be liable for your injuries. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries. Either way, you should seek the advice of an experienced personal injury lawyer right away. While there is no precise way to determine when someone else is legally responsible for your fall, important factors include how much care everyone involved was taking.

Injuries from slip-and-fall accidents can range in severity. A victim may sustain bruises, broken bones, or scrapes that require minimal medical treatment and heal relatively quickly. Other victims suffer a catastrophic injury such as a brain or spinal cord injury that causes lifelong damage and requires ongoing medical care. In the worst care scenario, the victim dies because of the injuries. If this is the case, and the accident occurred because of the property owner’s negligence, then the death is considered a wrongful death. If you have been the victim of a slip and fall because of someone else’s negligence, you may be able to recover medical bills, wage loss, pain and suffering, potential future medical expenses, and lost earning potential.

If you have further questions, a Montana Injury Lawyer can give you specific information and advice about your particular situation.  Please contact one as soon as possible if you believe you have a “slip and fall” claim.

Billings attorney Solomon Neuhardt has a great reminder that dog bites are personal injury on his blog. Too often, people think that an attack by a neighbor’s dog is part of life in Montana, and forget that their entitled to compensation for the cost of treatment, lost work, or permanent disability caused by the injury. As Solomon aptly points out, “it is depressing to know that of all the dog bite cases across the country, only one out of three have been reported.”

Solomon Neuhardt recommends a few immediate actions if you are attacked by a dog:

• If the dog’s mouth is foaming, it is probably suffering from rabies. See a physician as soon as possible.
• If possible try to know the breed of the dog. It helps the physician assess the extent of injury.
• Don’t quarrel with the dog owner.
• Report the incident to the police.

For Montanans interested in injury law, Solomon’s blog is an excellent source of information and advice on all aspects of injury law.

If you’ve been injured in a dog attack, remember – Dog Bites are Personal Injury. You shouldn’t be forced to suffer financial losses and emotional trauma because someone else can’t control their animal. If you’ve been injured in a dog attack, please contact a lawyer to discuss your options.