Montana Personal Injury Legal Questions

While I enjoy answering questions for lay people it's always difficult to answer when there is not enough information to know what they are talking about. Is this a workers' compensation case, one before the social security administration for public disability or a private disability policy? Without that information there is no relevant answer or advice.... Read Answer

For crying out loud, where are the parents? You cannot just pop a kid into the world and make everyone else responsible for doing your job of parenting. Only young kids would do stuff like that, and you, as a parent should recognize that!!! Some adult should be there EVERY DAY until the kids become old enough to be left alone. It is NOT the bus company, the school, the police, or anybody else's responsibility for YOUR kids; it is YOUR responsibility.... Read Answer

You can get what your medical bills total, your lost wages, your out of pocket expenses, and some money for pain and suffering. There is a great difference between the value of an injury and the value of a case. Could you see what caused you to fall? Were you paying attention? If not, you are probably "out of court." You do not get money for getting hurt on someone else' property. You do get hurt if you can prove that you got hurt because someone did something wrong or failed to do something right, and that was a direct cause of your injury. However, if the court thinks that you could have avoided the accident by merely paying attention, then you will get nothing.... Read Answer

You need to go to the school board and raise hell. Bullying is a "no no." If the school isn't going to do anything about it, then you go to the school district, to the newspapers, etc. Unfortunately, there is a law in most states called "governmental immunity." It prevents you from suing governmental people for being ordinarily negligent. In order to sue them, you have to be able to prove 'gross negligence," which is a much higher standard, and is darned near impossible to prove. A good thing to do is to get active in the school programs, and then you will meet the people within the school system who can "make things happen." Good luck.... Read Answer

The attorney has to tell you that he is withdrawing. If the case is in suit, then the lawyer has to file a motion to ask the judge to allow him to withdraw. You MUST be given notice. Now, the lawyer can withdraw for any reason, or for no reason. On the other hand, you can fire the lawyer for any reason or for no reason. However, assuming that the lawyer did not commit malpractice, the lawyer is entitled to get paid for what he did.... Read Answer

In order for an airbag to deploy, the sensors must be activated. Sometimes, a collision does not activate the sensors. So, it may or may not be Nissan's fault. You need an expert engineer, which will cost you big bucks. So, unless you were maimed, paralyzed or killed, you probably will not find lawyers lining up to take your case.... Read Answer

You need to sober up your boyfriend or this will continue for years. You cant use the police and courts to discipline your boyfriend. If you ask the DA to dismiss the case and tell him you don't want to prosecute he will likely do that. But he wont care for your wasting the courts time in the discipline process. Some judges and DAs are a little put out at ladies who make charges then change their minds. You would be better off if you had a lawyer deal with the matter for you.... Read Answer

Apparently the D.A. or other prosecuting attorney is moving forward on a charge against your boyfriend. The subpoena served on you is a Court Order and if you fail to appear, the judge can issue a bench warrant which would mean you would be sought out by the police and taken to court to answer the questions. You might call the DA or whoever issued the subpoena (or whoever you have been dealing with) and find out if there is some way you can avoid testifying. Unfortunately, you would probably be the "star" witness if the charges arose out of hitting you. You may want to consult with an attorney if the DA refuses to talk with you or work with you regarding your testimony... Read Answer