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Montana Medical Malpractice Blog



Motorcycle Accidents: How to Claim Compensation
 6 Jan 2011, 9:00 pm

In motorcycle accidents, it is not always the rider who is at fault. However, most often, it is the rider who suffers the maximum injury. Sometimes motorcycle riders get hit by another vehicle or fall off while trying to avoid them. In these cases, it is not the rider’s fault but the fault of the driver of the vehicle. The worst part is that the drivers of these vehicles are safely cocooned within their steel shells, while the motorcycle rider only has a helmet to protect him from the shock and injury, which sometimes proves rather insufficient. The injuries resulting from motorcycling accidents can be very severe like brain injury, spinal injury, psychiatric injury and whiplash and can even lead to amputation and death.

 

Motorcycling Accidents: Types of Compensation

 

A lawyer from Lewistown, Montana can basically help you with two types of compensations:

  • General damages, which consist of compensation for the suffering and pain you have to go through, and can be supported by medical evidence.
  • Special damages, which consist of compensation that is aimed at putting you in a financial position that you were in before the accident. These include loss of wages or employment due to injury or permanent disability. Also, the costs incurred like expenditure on medical care, equipment, housing modifications and transportation are all included in special damages. It is important that you maintain records and receipts of all the expenses incurred. Moreover, if the accident leads to a fatal injury, then the dependents (such as children and widows) can claim compensation for the loss of income and funeral expenses.

 

How a Motorcycle Accident Attorney can Help You

 

Insurance companies typically try to shrug their responsibility when there is an accident. This is why you need an expert motorcycle accident lawyer to help you. An experienced attorney from Lewistown, Montana can help you garner evidence indicating who was at fault and whose negligence led to the accident. Moreover, the expertise that the lawyers have in their field will help you to claim just compensation.

 

 

Category: Lewistown MT
 
Medical Malpractice: How to Claim Compensation
 20 Oct 2010, 7:32 pm

Medical malpractice is a very gross form of professional negligence of a healthcare provider, where the care provided goes way off course from the accepted standards. Many times the harm done may be concealed by the medical professional. The occurrence of such errors usually is the result of cutting corners to increase profits. Haste in the medical procedure is another major cause of medical malpractice.

Types of Medical Malpractice

Here are some common types of medical malpractice:

  1. Failure to properly diagnose the patient’s condition.

  2. Contamination while carrying out blood transfusions or vaccinations.

  3. Birth injuries like cerebral palsy and shoulder dystocia.

  4. Negligence during surgical procedure.

  5. Anesthesia errors resulting from negligence.

Types of Compensations for Medical Malpractice

There are different kinds of compensations that you are entitled to as a victim of medical malpractice.

  1. You can claim compensation for the loss of earnings, resulting from all the time you lose when you are unable to work due to medical malpractice.

  2. The expenses you incur for medical treatment to remedy the situation.

  3. The expenses you incur for all the replacement services you require while you are incapacitated as a result of medical malpractice.

  4. Compensation for damages such as loss of companionship, expenses arising from future medical care and future loss of wages.

  5. Punitive damages, which are damages a medical professional has to pay as a form of punishment for failure to provide the right standard of medical care.

Who Can Help You Claim Compensation

An expert medical malpractice lawyer in Hobson, Montana can help you claim rightful compensation for the damages you suffer as a result of medical malpractice. A medical malpractice attorney will be able to guide you with his extensive legal knowledge. A medical malpractice lawyer in Hobson, Montana will help you to prove two crucial things that are essential to your lawsuit. Firstly, that harm was done to you and second that the medical professional failed to provide the proper standard of medical care. Maintaining proper medical records will go a long way in helping you prove medical malpractice claims.

Category: Hobson MT
 
Solomon Neuhardt Receives Settlement for Dog Bite Case
 16 Sep 2010, 6:23 pm

Solomon Neuhardt, personal injury lawyer in Billings Montana receives a nice settlment for a client; a woman attacked by a dog.  Read more about the story on the Billings Gazette website:

http://billingsgazette.com/news/local/crime-and-courts/article_8ed4cf98-c15a-11df-8de5-001cc4c002e0.html

Category: Billings MT
 
Can you Claim Compensation for a Head and Spinal Injury in Bridger, Montana?
 16 Sep 2010, 6:06 pm

Head and spinal injury can severely debilitate a person’s life. In several cases, head and spinal injuries, which have occurred due to automobile accidents, sports or violent activities, lead to physical or mental disability. According to the laws governing personal injury claims in Bridger, Montana, victims can file for compensation under certain circumstances.

Head and Spinal Injury: What the Law Has to Say

If an individual has suffered from head and spinal injury while on the job, he is eligible for financial aid under the worker’s compensation scheme in Bridger. This scheme will pay for medical care expenses and income loss due to the injury. In case the injury worsens, due to poor medical treatment or due to harmful effects of the prescribed drugs, the victim can file a compensation claim under Montana personal injury law.

Contrary to this, if an individual has suffered a head and spinal injury but not on the job, he can still file for compensation only if a third-party is responsible for the injury. For example, an individual suffers from spinal injury in a motorcycle accident caused due to mechanical failure of the vehicle’s engine. In such a case, the victim can file a lawsuit against the vehicle manufacturing company. Similarly, a sportsperson can suffer from head or spinal injury due to manufacturing defects in sports gear or negligent behavior of the authorities.

To file a lawsuit based on the above mentioned criteria, consult an expert personal injury lawyer in Bridger. An expert advocate would help in accumulating evidence and understanding the clauses that govern compensation laws.

Category: Bridger MT
 
Workplace Accidents in Helena, Montana
 3 Aug 2010, 3:25 am

According to a report published by the United States Department of Labor, more than 134,000 people were injured in their workplace in 2008. While New York has the largest number of employee causalities, Helena is not far behind. Employees in Helena, Montana, are protected under the Montana worker compensation system. However, they can also file a personal injury claim in special cases that arise due to gross negligence of safety standards at the workplace.

Helena Workers’ Compensation System: Myths

Many employees have a misconception that workplace accidents are protected only under the worker compensation system in Helena, Montana. Thus, they assume that they have no right to sue the employing firm or contractor. Due to this misconception, employees settle for what they receive as workers’ compensation in relation to the number of days for which they have to stay away from work due to a workplace accident.

In contrast to this general misunderstanding, Montana law reserves the right of every employee to file a personal injury claim against a third-party responsible for maintaining safety standards at the workplace. The personal injury lawsuit can be filed along with the workers’ compensation application. If the victim is able to prove that the workplace accident occurred due to safety standards not being maintained, he can receive both workers’ compensation and personal injury compensation.

To assess whether you can file a lawsuit against an employer or contractor, consult an experienced personal injury lawyer in Helena, Montana. The lawyer will be able to assist in filing a claim and seeking just compensation.

Category: Helena MT
 
Medical Malpractice Attorney, Billings MT
 3 Aug 2010, 3:25 am

Solomon Neuhardt, a well known medical malpractice attorney in Billings, Montana, can assist you in all types of medical malpractices including:

  • Failure to diagnose cancers such as prostate, lung or colon cancer.
  • Severe birth injuries such as shoulder dystocia and cerebral palsy.
  • Vaccine and blood transfusion contamination injuries.
  • Surgical negligence such as utensils left in the body of the patients.
  • Anesthesia errors and negligence.
  • Cosmetic surgery failures and disfigurations.

Click here to contact the Neuhardt Law Firm for a free consultation to discuss your Montana medical malpractice claim.

Category: Billings MT
 

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