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.
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.
“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.
The term “wrongful death” usually refers to a legal claim because of an accidental death caused by someone else’s carelessness or negligence. Some examples are:
- auto, truck, boat, and bicycle deaths caused by negligent, careless, inattentive, speeding, and drunk drivers
- drowning
- pedestrian deaths
- construction accidents and OSHA violations
- defective and dangerous products
This is by no means an exhaustive list, but provided to give you an idea of some cases where a wrongful death occurs. If the death was caused by the negligence of another person, entity, or company, a wrongful death lawsuit may provide a path to justice – and practical help for those left behind.
Lawsuits for wrongful death can be very complex, especially when the actions of multiple parties contributed to a person’s death. It is impossible to “put a number” on the value of a lost life. But giving financial compensation for the loss that the death has caused is the only practical remedy that civil courts have. Calculating recoverable expenses is a complicated and complex process, but some examples of included costs are:
- How much did the victim earn?
- How financially dependent were the survivors on the victim?
- Health
- Life expectancy
- Funeral Costs
- Medical Expenses
A wrongful death lawsuit is meant to compensate the surviving family members, not necessarily punish the responsible party. Punitive damages may be available, but only in certain circumstances. As with all issues related to an injury you or a family member has sustained because of another person’s actions, the best approach is always to talk with an attorney before making any decisions.
A Missoula attorney known statewide for her work against domestic violence died last weekend after a driver who smelled of alcohol struck her car on Interstate 90 near Anaconda. Judy Wang was driving home to Missoula when a car smashed into her read end causing her vehicle to roll. After she was struck, she lost control and slid into the median, rolling several times. Her car landed on its left side in the eastbound lane of I-90. Wang was pronounced dead later that evening.
The driver of the other vehicle was taken to the hospital for a legal blood draw to determine whether he was drunk. Officers at the scene believed they could smell alcohol on his breath at the scene. Results from the blood test are expected in a few weeks.
