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
Liability for Texting A Driver
It's one of those things everybody knows, cell phones and driving don't mix. I came across an article which discusses a novel view of how poorly cell phones and driving mix. The article examines whether a non-driving, non-present party could be liable for causing a car wreck, just by texting a … [Read more...] about Liability for Texting A Driver
A Parent’s Worst Nightmare
My husband reads the newspaper daily. I confess, I don't read the news, listen to the news, or watch the news. I try not to even look at the headlines. Ignorance is not bliss, but it helps me sleep at night. Except the other night, after my husband who was reading the paper described every parent's … [Read more...] about A Parent’s Worst Nightmare
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