Montana Personal Injury Legal Questions

YES . Generally, it is NOT illegal to videotape children or adults outside of a building. That is a public area. There is no reasonable expectation of privacy, even in your backyard, especially in the age of drones and digital cameras. I wonder how much noise the children were making and whether they may have been engaging in disrespectful behavior towards the neighbor? Why would he go to the trouble of gathering evidence, calling law enforcement and then showing it to them? Any implication of child abuse, pornography, or invasion of privacy is not plausible. I suggest that you ignore your neighbor, monitor your children and move on with more important things. Escalating negative interactions with your neighbor will only lead to problems which the justice system is not suited to resolve. What do you think a judge could do? The involvement of the sheriff means it has gone too far in my opinion. Throttling back the situation will not be easy but that is my advice. The other option is to move.... Read More

Yes, you can sue the property owner separately from your workers’ compensation case. You should not wait to begin the process until your workers’ compensation matter is over, as evidence will be harder to gather the longer you wait. The statute of limitations for a slip and fall in Missouri is five years typically. If the property was owned or managed by a state or a federal government entity, however, there are often notice requirements that are much shorter- a matter of weeks!... Read More

No money damages in your case to support a lawsuit. What dollar amount would you ask 12 people to award? Would you be willing to spend $25,000 in pretrial costs and many hours of time, travel and depositions to find out if they would even award anything? Sorry, but medical malpractice is a very expensive and risky game that requires different factors. You are lucky the medical lie or mistake didn't cost you more.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

What a useless parent you have been. Were you drunk at home? Passed out? Or just dumbstruck. "...so I thought they had fallen asleep" is so lame it hurts. Keep your children home and away from parolee and GF. Your own parenting may be challenged by Child Protective Services if you try to do anything.... Read More

If the other driver files a claim with your insurance company, your insurance company will provide a defense lawyer to represent you. The truth of the collision will be ferreted out through research including the police report, witnesses, and accident reconstruction experts. Since you were injured, you should speak to a personal injury attorney, Most good attorneys will offer a free initial consultation to discuss your case.... Read More

I am NOT a patent lawyer, but from my limited understanding, this is not "patentable" because it's not really an invention, it's just a new form of a product already in existence. However, you might try some other form of protection such as copyright. As for whether its worthwhile, once you find out how much it will cost, then you can decide if its worth it to you. Search for a lawyer in your area who handles "intellectual property".... Read More

First read your homeowner's policy. Since they can differ, you'll have to rely on it for your information about what it covers, or perhaps you'll want to call your agent. Often policies do cover you against injury done 'by' your houseguests. In a lawsuit by the neighbour against you, he'd have the burden of proving by a preponderance of the credible evidence that your (daughter's) dog caused the damage. This may be hard to do. On the other hand, you or your daughter did have the legal responsibility to keep the ridgeback mix under control. I doubt anyone is going to sue you. Put it to your insurance company and see what they say.... Read More

Based on the information you provided, you do have a cause of action for personal injury against the college - with damages including the costs of medical care, compensation for pain and suffering, and compensation for any lost wages/income (past and future, due to the reduced function of your hand resulting from the injury) If you wish to sue, do it right away: even though the statute of limitations lets you sit on your case for quite a while, it is not in your best interests because the evidence gets lost, the memory of the witnesses grows dim, etc. Also, you have to be aware that, if the college is a municipal institution, you must make a notice of claim within 90 days.... Read More

The question to be answered first is whose negligence was greater, that of the teacher (or sponsoring entity)or yours. They apparently did not check to see the guardrail was missing, and you did not look to see the guardrail was in place before you started to use the machine. You may wish to consult a personal injury lawyer who can review the relevant facts and context in more detail.... Read More

You could very well be liable. If an object leaves or escapes from your property and causes harm, as between you and the victim, you are the more negligent. Nature helps cause lots of problems, but if you are the person who might affix or tie down or hold in something from your property, you could well be held liable. Good Luck.... Read More

You could go to small claims court and seek damages for the medical care and for your son's pain and suffering. But that is not generally a good first step. It may be something your neighbour will refer to his insurance company, but that does not preclude a lawsuit although it would be best to draft a demand letter to your neighbour, setting forth all the facts and costs, and asking him to notify his insurer. If you get no satisfaction from that course, then you might want to sue. Does your municipality have an ordinance against letting dogs run loose? Good Luck.... Read More

Since it virtually never snows in Wisconsin in June, I cannot imagine that this is a Wisconsin question. Or else it has been sitting around for some time until it arrived here today, 11th June. This is the Wisconsin corner of this site. You may wish to ask again in the area for your State. In general, check your lease. Check the municipal ordinances (in any library or city hall or at your alder person's office) about such responsibility. I cannot know if you have a state law governing such things, but you might want to contact a lawyer in your own community with this question.... Read More

For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is most insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.... Read More

It will depend on how persuasive a presentation you make. This is the kind of situation where retaining an experienced personal injury can make all the difference. He or she will know how to look for items of damages that are not apparent to a lay person. No less important, he or she knows how to locate and present evidence in court. Good Luck.... Read More