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Contact one of our Billings personal injury attorneys

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Contact one of our Billings personal injury attorneys

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Ragain & Clark, PC
https://www.mtwylaw.com/offices/montana/
Phone: 406-651-8888
Address: 3936 Ave. B, Suite A2
Billings, MT 59102

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Motor Vehicle Accident Attorneys in Montana & Wyoming | Ragain & Clark, PC

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At Ragain & Clark, PC, our lawyers have over 40 years of experience helping our clients navigate motor vehicle accident disputes. Contact us to learn more.

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What to Do in Case of an Automobile Accident

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What to Do in Case of an Automobile Accident

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Billings Medical Malpractice Attorney for Help in Montana and Wyoming

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A Worland or Billings medical malpractice attorney at Ragain and Clark is here to help after you or a loved one is hurt. Call and learn how we fight for you

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Medical Malpractice Lawyers in Powell, WY

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Medical Malpractice Lawyers in Powell, WY

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Powell Medical Malpractice Lawyer for Help in WY | Ragain & Clark, PC

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Learn how a Powell medical malpractice lawyer helps you after the negligence of a medical professional resulted in injuries & death.

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Powell Dog Bite Lawyer | Animal Attacks & More | Ragain & Clark, PC

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Learn about your legal rights after a dog attack in Wyoming. Are you entitled to just compensation? Discuss your case with a Powell dog bite lawyer today.

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Animal Attack and Dog Bite Claim Resources

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Animal Attack and Dog Bite Claim Resources

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Considering how many Americans own pets, dog bites and pet animal attacks are relatively uncommon. But even the best-trained dog can bite and injure a family member, neighbor, or unsuspecting bystander. While the pet owner is technically liable for the actions of his or her animal, some states have a "one bite" policy that opens them up to a lawsuit upon repeated incidents. In most cases, a pet owner's homeowner's (or renter's) insurance policy will cover animal bite liability.

If your dog is known to have "vicious propensities," you may be required by law to take extra precautions. But the best policy is prevention, as with any injury. The following resources cover prevention as well as treatment options for dog bites and insurance options.

See FindLaw's Dog Bites and Animal Attacks section for more information.

American Academy of Family Physicians: Prevention and Treatment of Dog Bites - Advice on what you should do if you are bitten by an animal, from initial wound management and antibiotic treatment to assessing the risk of rabies, with an emphasis on prevention.

American Veterinary Medical Association: Public Health Information for Dog Bite Prevention - Statistics and comprehensive resources to help prevent dog bites and what to do in case of a dog bite, including links to videos and additional resources.

Animal Bite Wounds: Is Your Child Safe? - From Wounds1.com, tips for dealing with animal bites to children, with links to related health topics.

Center for Disease Control and Prevention: Dog Bites - Information and statistics on dog bite injuries and fatalities in the United States; with tips on how to prevent animal bites and how to properly raise a dog to be gentle.

Humane Society of the U.S.: How to Avoid a Dog Bite - Tips on avoiding dog bites and preventing your dog from biting others, with information about how to read a dog's body language.

Insurance Information Institute - Overview of statistics and legal issues surrounding dog bites, including the estimated cost of dog bite claims and the three kinds of law that impose liability on dog owners.

Where to Get Dog Owner Liability Insurance - From the Dog Bite Law legal blog, an overview of dog owner liability insurance for those whose general homeowners policies don't cover dog bites, and where to access it.

Pet Partners: Insurance Coverage - Information about the inherent risks involved in volunteering your pet for therapy, and how to make sure you're covered.

Humane Society: Dangerous Exotic Pets - General information about exotic animals that are sometimes kept as pets, with summaries of state laws.

Breed-Specific Dog Laws, State-by-State - Click on your state to learn more about which dog breeds (if any) are prohibited, such as pit bulls and rottweilers.

ASPCA: Breed-Specific Legislation - Summary of the ASPCA's opposition to breed-specific dog bans, with statistics and alternatives to these laws.

Map of Dog Bite Laws - Presented by the Animal Legal and Historical Center, this interactive map provides links to state laws regarding dog bite liability.

If you have more questions about animal attacks and dog bites, or need legal assistance with a claim, consider meeting with a personal injury lawyer in your neighborhood.

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Animal Attack and Dog Bite Claim Resources - FindLaw

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Considering how many Americans own pets, dog bites and pet animal attacks are relatively uncommon. But even the best-trained dog can bite and injure a family member, neighbor, or unsuspecting bystander. While the pet owner is technically liable for the actions of his or her animal, some states have a "one bite" policy that opens them up to a lawsuit upon repeated incidents.

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Contact one of our Worland personal injury lawyers

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Contact one of our Worland personal injury lawyers

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Ragain & Clark, PC
https://www.mtwylaw.com/offices/wyoming/
Phone: 307-388-6400
Address: 900 Big Horn Avenue
Worland, WY 82401

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Medical Malpractice Laws & Statutory Rules

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Medical Malpractice Laws & Statutory Rules

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The Montana medical malpractice statute of limitations and other state laws that could affect a malpractice case.

A number of Montana laws will come into play if you want to file a medical malpractice lawsuit in the state's civil courts. In this article, we'll take a look at the most important of these rules, including the time limits for filing a medical malpractice lawsuit, procedural prequisites for doing so, and statutory restrictions on certain compensation (damages) that a successful plaintiff can receive.

Montana Statute of Limitations for Medical Malpractice Lawsuits

Like all states, Montana has passed laws known as statutes of limitations, which set time limits on filing different kinds of lawsuits in court. For a medical malpractice case in Montana, the time limit is currently (and temporarily) two years from the " date of discovery," which is the date the injured person knew or reasonably should have known that medical negligence may have occurred after receiving treatment from a health care professional. However, Montana also has a "statute of repose" on the books when it comes to medical malpractice lawsuits. This staute says that no medical malpractice lawsuit can be filed if more than five years have passed since the commission of the underlying medical error. In other words, even if the medical negligence wasn't discoverable through reasonable diligence, if more than five years have passed since it occurred, you can't file a medical malpractice lawsuit in Montana.

An exception to the five-year statute of repose is when the health care provider fails to disclose the occurrence of the medical error, or the potential harm, including through fraudulent concealment. In that situation, the two-year "clock" starts running once the occurrence of the medical error would have been discovered with reasonable diligence, and there's no over-arching five-year deadline.

Montana has a special statute of limitations for medical negligence that injures a young patient. If the child was under four years old when he or she was injured, the two-year and five-year statutes of limitations begin to run on the child's eighth birthday.

If you don't get your lawsuit filed before the deadline set in the statute of limitations has passed, the court will throw out your case, and you'll lose the right to any civil remedy for medical malpractice. So it's important to understand how these filing rules affect your potential case.

Editor's Note: According to Montana Code Annotated section 27-2-205, Montana's medical malpractice statute of limitations is set to change, effective July 1, 2019. For lawsuits filed after that date, a three-year deadline will apply (extended from the current two-year deadline), with the same five-year statute of repose and other considerations covered above still in effect.

Montana's "Medical Legal Panel" Review Requirement

Montana also requires that most potential medical malpractice claims be submitted to and examined by the Montana Medical Legal Panel before a lawsuit can be filed in court. The panel is usually made up of three health care providers and three attorneys.

The purpose of the panel is to review the case and decide whether or not there is "substantial evidence" that the defendants failed to provide treatment that was in line with the applicable medical standard of care, causing the patient's injuries.

The injured patient (usually through his or her attorney) first files an application for review, in accordance with the requirements set out in Montana Code Annotated section 27-6-302. After the health care provider is served with the application, records are exchanged, and a hearing takes place, the panel decides:

whether there is "substantial evidence that the acts complained of occurred and that they constitute malpractice," and

whether there is "a reasonable medical probability that the patient was injured" by the acts complained of.

The decision of the panel is not binding, and it is not admissible in court, but the panel can recommend a financial award to the patient where substantial evidence is found. The panel also has the power to oversee and approve a settlement agreement between the parties, and if such an agreement is approved, it's binding.

Limits on Damages

Montana "caps" or limits non-economic damages in medical malpractice cases. "Non-economic" damages are those that can't be easily quantified. They include compensation for things like pain and suffering and loss of the ability to enjoy various life activities due to the malpractice.

In Montana, non-economic damages in medical malpractice cases are capped at $250,000. It's important tonote that this cap does not affect "economic" damages like medical bills and lost wages. It also does not affect any award of punitive damages or the amount or method of paying attorney's fees.

Montana also has a rule requiring damages payments to be offset by any collateral sources if the total damages award -- including both economic and non-economic damages -- is more than $50,000. "Collateral sources" are other sources of payments related to an injury, like disability insurance or workers' compensation payments.

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Montana Medical Malpractice Laws & Statutory Rules

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The Montana medical malpractice statute of limitations and other state laws that could affect a malpractice case. A number of Montana laws will come into play if you want to file a medical malpractice lawsuit in the state's civil courts.

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Billings Wrongful Death Attorney | MT & WY | Ragain & Clark, PC

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At Ragain & Clark, PC, we have over four decades of experience representing families in wrongful death cases. Contact a Billings wrongful death attorney now

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What Happens If a Mechanical Failure Causes a Car Accident?

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What Happens If a Mechanical Failure Causes a Car Accident?

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In many motor vehicle collisions, it is not difficult to determine who is at fault. Usually, it is due to one driver ignoring traffic laws, distraction, or reckless driving. But what happens if you get into an accident due to a tire blowout, or faulty brakes? Are you still legally liable for the damages caused by the accident? In most cases, the answer is yes.

Mechanical Failures That Can Lead to Accidents

Cars are large, dangerous vehicles, and there are a number of mechanical failures that can lead to car accidents:

Worn tires don't grip the road as well, which increases the stopping distance and makes the vehicle harder to control. They are especially dangerous on wet or icy roads. In addition, balding tires are more susceptible to blowouts.

Brake issues make it difficult to stop in time to avoid a collision. Faulty brake lines, worn pads or discs, and malfunctioning antilock systems can all affect brake performance.

Suspension problems such as worn springs, shocks and struts can cause shaking and make it more difficult to control the vehicle.

Faulty steering such as pulling or losing power steering can also make the vehicle hard to control and avoid collisions.

Burned-out lights can make it difficult to see other drivers, or for them to see you.

Transmission failure can reduce acceleration time, or cause the vehicle to break down while driving.

Vehicle Owner Liability

In general, it is the vehicle owner's responsibility to ensure that their vehicle is maintained to ensure safety. Failure to keep up on routine maintenance or get a dangerous issue repaired can be considered negligence in a car accident case. Being unable to afford the necessary repairs that keep the vehicle running safely does not absolve the owner of this responsibility.

Of course, it must be shown that the failure to repair the vehicle was the cause of the accident and that the owner previously knew about the problem but neglected to get it fixed. It is also the owner's responsibility to be aware of what routine maintenance is required, as that information is readily available in the owner's manual and online.

In addition, vehicles in need of maintenance and repair can be distracting to drive. It may be difficult to focus on your driving and other cars on the road if your vehicle is handling poorly due to a failing suspension system, or if your worn tires are causing the vehicle to slide. This is especially concerning as it has been shown that distracted driving can be just as dangerous as drunk driving, and sometimes even more so.

Third-Party Liability

There are cases in which the driver alone is not responsible for failing to fix a mechanical issue that caused an accident. If the vehicle was taken to a mechanic to fix the issue, the mechanic can be held liable if the repairs were faulty. The repair facility can be considered partially liable for an accident that causes injury if they overlooked or failed to fix an issue.

In addition, the vehicle manufacturer can also be liable if a defect contributed to the accident. If they failed to issue a recall or notify vehicle owners of a dangerous defect, the owners have no way to know that there is an issue to be corrected. If that defect leads to an accident, the manufacturer can be held at least partially responsible. However, if the driver knew about the defect and failed to get it repaired, the responsibility is on the driver.

Determining liability in these cases can be tricky, so it is recommended to consult with an experienced personal injury attorney if you have been in a car accident that was caused by a mechanical failure.

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What Happens If a Mechanical Failure Causes a Car Accident?

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In many motor vehicle collisions, it is not difficult to determine who is at fault. Usually, it is due to one driver ignoring traffic laws, distraction, or reckless driving. But what happens if you get into an accident due to a tire blowout, or faulty brakes?

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Pharmacy Malpractice Lawyers Serving Wyoming & Montana | Ragain & Clark

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Do not suffer from a pharmacy's malpractice mistake. Contact a Wyoming pharmacy malpractice attorney from Ragain & Clark as soon as possible.

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CAN YOU SUE A HOSPITAL ADMINISTRATOR FOR MALPRACTICE?

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CAN YOU SUE A HOSPITAL ADMINISTRATOR FOR MALPRACTICE?

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Hospital Administration Errors | Claims Against Hospital

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Administrative errors are medical malpractice. If you have suffered harm, contact a Wyoming hospital negligence lawyer at Ragain & Clark.