Personal Injury and Wrongful Death

How Do Personal Injuries Occur?

If you are in a car accident because someone runs a red light, you expect that their insurance will take care of all the damage. But if you are injured because of someone’s negligence off the road, do you still have those same expectations? You should! When your rights are violated and you are injured because of another person’s negligence, that person can and should be held responsible.

Here are a few of the ways personal injuries can occur, and how we can help you:

• Motor Vehicle Accidents: Because of the size of vehicles, and the speeds involved, many injuries and deaths take place on the road. You should never accept the insurance company’s initial settlement offer! Call Matt and let him evaluate your claim and make sure you are getting the compensation you deserve.
• Wrongful Death: Under Montana law, the wrongful and negligent acts of another, may give rise to separate claims for recovery, through a survivorship action and also an action for wrongful death. Don’t expect the insurance company to deal fairly with you on this issue. Even if the insurance company admits liability, it is doubtful they will negotiate in good faith and settle the claim for what you deserve. If you have lost a loved one because of the negligent acts of another person, call Tourtlotte Law Firm to make sure your rights are protected.
• Some deaths are natural, some are caused by accidents, and some are caused by the negligence of others. If someone you love has died because their rights were violated (often related to one of the other injuries listed here), or because of the fault or carelessness of another, don’t go through the grieving process alone. Tourtlotte Law Firm can help.
• Accident’s in the Work Place: Most workplace injuries are preventable so long as the owner/operator of the workplace exercises reasonable care to provide employees and third parties a safe place to work. Montana has codified the duty to provide a safe place to work under Montana’s Safe Place to Work Act, MCA 50-71-201. Employees and subcontractors have different rights when an injury occurs in the work place. To know your rights and assure you are getting the compensation you deserve, it is important to contact an attorney like Matt Tourtlotte.
• Premises Liability: Accidents that occur at private or commercial locations can also give rise to a personal injury claim. Whether it’s because of faulty or defective construction, or that someone failed to shovel their sidewalk, or a store failed to put out a ‘Wet Floor’ warning, accidents that result in serious injuries occur every day. These accidents can occur any place where people are engaged in their daily activities, from the grocery store or gas station, to the home of your neighbor down the street. Premises that are made available to the public, to you, are required to be maintained in a reasonably safe condition. If you suffer an injury at a location outside your home because of a dangerous condition or some other person’s negligence, you may have a claim.
• Faulty or Defective Products: Montana has adopted tough laws designed to protect people from faulty and defective products. In Montana, the manufacturer and the seller of a defective product are strictly liable for any injuries that occur while the product is in use. This even includes those occasions where the product is misused by the user/purchaser. Types of defective products include automobiles, garage doors, infant/toddler car seats, power tools, guns, children’s toys, cargo straps, tires, golf carts, boats, lawn mowers, kitchen and household appliances, gas stoves and furnaces, medical devices, medicine, and even improperly stored or manufactured food. In Montana if you are the victim of a defective, faulty, or unreasonably dangerous product, you have the right to fair compensation for your injuries.
• Birth Injuries: Modern medicine has made huge improvements in the past few decades. However, there are still times when a medical professional displays negligence, causing your child to be injured during birth. From brain damage, to facial paralysis, to fractures, to a multitude of other conditions or even death; negligence during and after the delivery process can have severe lifelong consequences.
• Medical Negligence: Personal injuries may also arise from treatment rendered at a medical facility. Whether it is negligence in administering the required medical treatment or a failure to properly diagnose an injury, sickness, or condition, medical negligence can result in catastrophic injuries and even death. Medical providers rendering care to you or a loved one are required to perform a differential diagnosis when administering emergency or critical care. This means that your doctor must rule out the most dangerous conditions first when diagnosing and administering care for unknown or serious medical conditions.

Every day we find ourselves living, working, and playing in places where the negligent acts and omissions of others could result in substantial harm to our personal lives and/or the lives of those we love and care about. Understanding your rights will not only help you to avoid some of these potentially catastrophic situations, it will also help you understand how you can recover when the negligent actions of another operate to cause harm or injury to your or your loved ones.