Posted in News on October 25, 2021
Most people think of slip and fall incidents as relatively minor inconveniences. However, the reality is that a slip and fall accident can lead to severe injuries, including a traumatic brain injury. Here, we want to discuss various types of traumatic brain injuries that can occur as a result of a slip and fall incident… read more
Amtrak Train in Montana Derails – Three Killed & Fifty InjuredPosted in News on September 27, 2021
On Saturday afternoon, an Amtrak train traveling across Montana derailed outside Havre, Montana, killing at least 3 people and injuring dozens of others. The train consisted of 2 locomotives and 10 cars run by Amtrak, and the derailment occurred on tracks run by BNSF Railway. In the aftermath of this tragedy, those onboard the train,… read more
Do I Need a Car Seat For Children in Montana?Posted in News on September 21, 2021
Child safety seats are essential parts of ensuring that young people remain safe in the event a collision occurs. Every state, including Montana, has requirements related to car seats for young children. Here, we want to review what Montana law says about child safety seats. In particular, we will look at the requirements set forth… read more
Common Causes of Delays in Medical Malpractice ClaimsPosted in News on September 21, 2021
Medical malpractice cases can become incredibly complicated in Montana. The reality is that those harmed due to a medical error need to have a skilled medical malpractice lawyer by their side from the beginning of these claims all the way through to the conclusion of the case. There are various reasons why medical malpractice claims… read more
Demand Letter Template to Insurance CompanyPosted in News on September 10, 2021
We are all familiar with the Ridley case which requires insurers to advance pay in situations where liability is reasonably clear. Ridley explicitly covered the advance payment of medical bills. Subsequently, in Dubray, the rule was clarified to include lost wages. In Shilhanek, and most recently in High Country Paving, the Montana Supreme Court further… read more
Agree or Disagree: My Favorite Way to Depose and Cross-Examine Professional Expert WitnessesPosted in News on September 10, 2021
We’ve all dealt with the slick, polished professional witness with a CV a mile long who looks the part of the university professor just there to help “shed light on things” for the jury. The professional witness has mastered the skill every politician learns—no matter the question, give the answer you want to give. Of… read more
Multiple Defendants and Joint Liability- Applying § 27-1-703 MCAPosted in News on September 10, 2021
by John Heenan and Joe Cook Mont. Code Ann. § 27-1-703 is the statute addressing multiple defendants. It is frequently invoked by defendants to utilize the “empty chair” defense against settled or judgment-proof defendants and, consequently, we often find ourselves having it used as a sword by the other side. But did you know the… read more
Traumatic Brain Injuries & Auto AccidentsPosted in News on September 1, 2021
Traumatic brain injuries can leave victims suffering from long-lasting or permanent disabilities. These injuries can completely alter a person’s ability to enjoy their day-to-day life. Unfortunately, vehicle accidents regularly lead to those involved sustaining traumatic brain injuries, along with other types of injuries that the victim may have to contend with. Here, we want to… read more
Heenan & Cook Nets Largest Medical Malpractice Verdict in MontanaPosted in News on August 9, 2021
Instances of medical malpractice can leave patients with devastating lifelong injuries. These injuries can cause serious handicaps that upend a patient, and many times their families lives. Jaimi Espy of Miles City unfortunately was a victim of medical malpractice in Montana. In 2006, Jaimi had an artificial lens implanted in her eye to correct nearsightedness… read more
Are Distracted Drivers Negligent?Posted in News on July 28, 2021
Drivers can face all sorts of distractions when they are behind the wheel. In fact, when a driver is distracted while driving, the consequences can be just as bad as driving while impaired by alcohol or drugs. Is Operating a Vehicle While Distracted Considered Negligent Behavior? While this answer may seem straightforward, we need to… read more