There are many forms of legal claims for persona; injury, often based on the concept of “negligence.” Negligence is generally described as the failure to use reasonable care, causing harm. This is not an exclusive list of all injury claims, but these are some of the more common. We have a more exhaustive list here, but it doesn’t go into much detail so this post provides some information on the more common injury claims. Certainly call us if you have questions about a possible claim.
Auto Accidents Injury Claims
No doubt the most common type of injury claim is a car crash. Driving down the road is perhaps the most dangerous activity we Montanans do, and yet we have to do it almost every day. It’s part of modern day life. We may think it will never happen to us, but many innocent people end up in car crashes every day. Not all get hurt, but those who do end up in the unenviable position of having an injury claim.
For instance, our local Lake County stretch of Highway 93 is one of the more dangerous and deadly roads in Montana, accounting for many accidents and injuries. In Montana alone, dangerous driving accounts for hundreds of deaths every year, and of course many non-fatal injuries. We have as specific post on local and statewide crash statistics here, and more statistics are available at the Montana Department of Transportation website.
If you were injured in an auto accident, you may have an injury claim if the crash was the result of someone else’s dangerous driving. Typically, the claim is against the driver of another vehicle, but can be against the driver of the vehicle you are in if that driver was careless. You may also have an injury claim against your own insurer. Certainly not every car crash is the result of someone’s negligence, and you should speak to an attorney to determine whether there is a viable claim. Here are some results from our cases.
Premise Liability
Premise liability injury claims arise when you are injured by a hazard on property owned or controlled by someone else. In Montana, a landowner is obligated to warn of any hidden and/or lurking dangers on the property. Additionally, a landowner may be responsible for open and obvious hazards if the landowner has reason to believe that despite the open and obvious nature of the condition, that injuries will nevertheless result. Premise liability claims can take many forms, including construction site injuries, dog bites, slip and fall claims, and many others. Call if you have any questions about a possible claim.
Insurance Bad Faith
Insurance bad faith typically starts with a valid injury claim against some 3rd party, but then your own insurance company jerks you around. Insurance companies have many legal duties, including the duty to engage in good faith and to promptly settle legitimate claims where liability is reasonably clear. Insurance companies often attempt to delay or deny claims as a way to discourage people from pursuing legitimate claims. Insurance companies have many tricks and tactics to delay or deny, and even if they eventually pay its often too little too late. We can hold insurance companies accountable, and please call if you would like to discuss you claim.
Medical Malpractice
Medical Malpractice claims result when a health care provider is negligent (violates the standard of care) and causes harm. Medical malpractice claims are expensive and difficult, and as a result the vast majority of legitimate claims are never pursued. Insurance and health industries have campaigned and largely convinced the general public that medical malpractice cases are out of control, which is provably false. Studies have shown that only about 1-2% of legitimate medical malpractice cases are pursued.
We all rely on and respect our health care workers, but like any profession there are a few bad actors. Bad actors need to be held accountable so that the same bad things don’t happen to the next patient.
Medical malpractice claims are some of the more complicated and expensive claims to pursue. Many lawyers even shy away due to the cost and expertise required. We are selective with medical malpractice cases, and only take cases we believe we can win, and that we believe in. I