In my last post, I told you that I think in Montana a remote texter would have liability for a car wreck where s/he knew the at-fault driver was 1) driving and 2) would check the text. The next natural question is, would I take this kind of case? Yes, depending on the circumstances, I … [Read more...] about Remote Texting Liability – I Would Take The Case
Liability for Texting A Driver
** Hi there. You might notice my last blog post was about a year ago. I took a long break from blogging because...life and litigation weren't leaving me much time or energy to write here. I'm back now, for the time being, until more litigation or life get in the way. … [Read more...] about Liability for Texting A Driver
A Man Yelling Into an Empty Sky
My husband reads the newspaper daily. I confess, I don't. I don't listen to the news. I don't watch it. I try not to even look at the headlines. Ignorance is not bliss, but it helps me sleep at night. Except the other night, when my husband -- who was reading the … [Read more...] about A Man Yelling Into an Empty Sky
Who Should Pay? Part 2
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
Who Should Pay? Part 1
It's a touchy subject to those in the healthcare industry. It's a touchy subject to those injured in car wrecks and other accidents where liability insurance is available. It's something not well understood by the general public - or, apparently, the Montana Supreme Court. "It" being the … [Read more...] about Who Should Pay? Part 1
A Tale of Medicare Bureaucracy
Sometimes I wonder if injured parties are going to be able to get their foot in the door of the courthouse 20 years from now. I feel like it's pressing in on all sides: most of my fellow Flathead valley neighbors think personal injury lawyers like myself are quick-talking snake-oil … [Read more...] about A Tale of Medicare Bureaucracy
Waivers In Montana
I come from a long line of worriers. Both my grandmothers were champions at it, and I began to worry young. I love my job, but it does very little to help my tendency to fret. Professionally, I witness firsthand the fallout from the times things that "usually" don't hurt people, do hurt them and … [Read more...] about Waivers In Montana
The Journey of An Injury Lawsuit
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