When you are hurt because of someone else’s actions, negligence, or reckless behavior, you have suffered a personal injury. Car accidents, medical malpractice, and exposure to toxic substances are examples of personal injuries. When a personal injury takes place, the responsible person or company caused harm to an innocent victim.
At McKeon Law, PLLC we understand the complexity of Montana’s personal injury laws and the challenges of proving negligence in such cases. We also know the price that victims and their families pay when a serious personal injury takes place. Financial compensation cannot restore a livelihood or bring back a lost loved one. However, we believe those who cause personal injuries must be held accountable. We believe the rights of victims deserve protection.
SKIP TO INJURY TYPE
Slip/Trip and Fall
Slip & fall accidents happen all the time, especially in Montana’s winter months. Falls occur when they are least expected, which oftentimes can lead to severe injuries. Slip & falls often occur due to wet floors, spilled liquids, missing doormats, and many other hidden dangers a person will not see until it is too late. Trip & falls occur when dangerous objects or conditions are present in your walking path. People can trip over large cracks in sidewalks, unexpected steps, and other dangerous conditions. Falls happen when stairs are broken or crumbling or when a handrail or other required safety device fails to prevent a fall.
All Montana property owners have a duty to maintain their premises in a safe manner. If you slip, trip, and fall and are injured while on someone else’s property, you may have a claim against the property owner or business that is responsible for keeping their premises safe and free from dangerous conditions.
If you or a family member suffer a slip, trip and fall call McKeon Law today for a free consult.
Construction or Industrial Accidents
Construction/ Industrial accidents are distinct by nature of the OSHA (Occupational Safety and Health Administration) and MHSA (Mine Health and Safety Act) regulations that protect workers injured on construction, industrial, or mine site. If you are injured on a worksite, more often than not, your direct employer has insured you with worker’s compensation insurance. When Workers’ Compensation is provided and you are injured on the job, you cannot file a lawsuit against your direct employer, however, other contractors on a job site and the owner of the job site also owe a duty to an injured worker to comply with Montana’s SPWA (Safe Place to Work Act) and may be sued for damages for violating that act or failing to keep their premises in a safe condition. So, if you are injured in a job site accident and receive worker’s compensation benefits you still have an opportunity to bring a lawsuit against the owner of the job site and other contractors at the job site even if your own employer has covered you for worker’s compensation benefits.
When a fall from a roof occurs due to a lack of fall protection or when bad scaffolding or ladders result in spinal cord injury or death to a construction worker the question of the negligence of the owner of the job site or other contractors at the job site negligence comes into play. After a construction accident, it is nearly certain that employers or property owners will have their own attorneys whose sole job is to limit the liability of their client. An injured worker, likewise, needs his or her own advocate to ensure that his or her rights are protected and that all rightful compensation is paid, whether through worker’s compensation and/or lawsuits involving manufacturers, job site owners, or other general or sub-contractors.
If you or a family member were injured at a construction worksite a prompt investigation may reveal that the Montana SPWA, MSHA, or OSHA regulations were not followed and we can help you seek full compensation even if you’re collecting worker’s compensation benefits.
Defective Consumer Products
Product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. This can also include the maker of component parts of the product, the assembler, the store or other seller of the product, and perhaps even other people in the distributive chain. You can be a victim even if you weren’t the purchaser of the product.
Each year in the United States, there are thousands of deaths and millions of injuries due to unsafe products. There are also hundreds of billions of dollars spent on the deaths, injuries, and property damage of these incidents. Seemingly harmless products that families use regularly could potentially cause injury. Product liability laws allow consumers to recover damages that result from a defective or ill-conceived product. Nearly all products are subject to these laws, from food, drugs, appliances, cars, blood, tobacco, real estate, medical devices, medical implants, and commercial planes.
If you or a family member has been injured by a product of any kind we can help.
Wrongful death is a legal term that refers to the death of a person caused by the negligence, malpractice or intentional misconduct of a person, corporation or governmental entity. Montana personal injury law provides for a cause of action for wrongful death by virtue of its wrongful death statute, §27-1-513 Montana Code Annotated.
This statute provides that the personal representative of a dead person may bring a lawsuit for the benefit of the surviving family members to recover damages against the persons or entities responsible for the death. The term “personal representative” usually means the administrator or executor of the estate of the decedent that has been appointed by the Court.
Financial costs associated with a wrongful death can add up quickly. While there is no amount of money that could make up for the loss of a loved one, compensatory damages in a wrongful death case can relieve some of the burden of funeral, burial, and other expenses. You may be entitled to recover compensation for the following:
- Medical expenses
- Death and funeral expenses
- Loss of future earnings
- Loss of benefits (such as pension benefits)
- Pain and suffering of decedent
- Punitive damages which are meant to punish a particularly negligent individual or business whose behavior directly contributed to your loved one’s death
Losing a loved one can be one of the hardest things that anyone ever has to deal with. When a loved one dies as a result of someone else’s negligent or reckless act, his or her family will be faced with numerous life-altering financial and emotional challenges that may seem overwhelming.
If your family member died due to another party’s negligent or reckless actions, McKeon Law can provide you with the representation to help find the closure you need during this difficult time. Contact us today.