Towe, Ball, Mackey, Sommerfeld & Turner, PLLP
Call for a free consultation
Toll Free:800-838-3083
Local:406-534-0288

North Billings Personal Injury Law Blog

Birth injury may lead to personal injury suit

Witnessing the birth of a child is one of the most exciting experiences a person in Montana can experience. Naturally, if a child suffers a birth injury due to a doctor's negligence, distraught does not even begin to describe how his or her parents would feel. Fortunately, the parents have the right to seek to hold the careless doctor accountable in this situation by filing a personal injury claim.

Birth injuries are different from birth defects in that injuries typically happen when something goes wrong during the process of delivering a child. By contrast, birth defects typically arise prior to the child's birth as a result of something that happened before or during the mother's pregnancy. In the case of injuries, a doctor may be responsible for them if he or she fails to assess a woman's condition during pregnancy or delivery.

Personal injury involving the brain may increase dementia risk

Traumatic brain injuries can unfortunately take a toll on their victims physically, mentally, emotionally and financially in Montana and elsewhere. However, the effects of this type of personal injury are not limited to the current day. Research studies recently indicated that brain injuries -- even those that are mild -- can increase a person's chances of suffering from neurodegenerative disease long term.

A particular study analyzed more than 350,000 veterans, with half of them suffering from traumatic brain injuries. According to the researchers, those with mild traumatic brain injuries doubled their chances of developing dementia. Meanwhile, those with more severe brain injuries nearly quadrupled their risk.

Tainted lettuce causes personal injury as the outbreak continues

Public health authorities have linked at least eight cases of E. coli to a romaine lettuce farm. They are cautioning consumers to avoid all bagged and chopped romaine lettuce as well as hearts and whole heads. Montana and other states have reported several personal injury victims that were stricken with virulent bacterial infection from consuming the tainted product.

Recently, 14 more people got sick, bringing the total to 98 across 22 states. Ages range from 1 to 88, including a 13-year-old girl who is now receiving dialysis and a 6-year-old boy who has received three blood transfusions. A woman became ill and was hospitalized for several days after eating a salad at a restaurant. Her case has been linked to the outbreak.

Friends, family and attorneys can help processs a divorce

When individuals choose to marry a significant other, they are often each other's best friend. When a divorce occurs and a spouse loses that friendship, it can make the process incredibly lonely. Along with the assistance of an attorney in Montana to process a divorce, many find the support of friends and family essential to survive the emotional aspects of the breakup.

Individuals who have been through a divorce understand the pain and loneliness one may feel throughout the entire process. Seeking the advice or support of someone who has been through it is likely a good option to understand what might be expected emotionally along the way. Someone who has been divorced may also have valuable resources or advice to share. Even if friends have not been through the process, a good friend who can listen without judgment can be a great support.

A partial out-of-court divorce settlement may be reached

Divorce is generally not an easy process from an emotional or financial standpoint. However, Montana spouses facing these proceedings may make it easier to navigate by settling outside of court. The question, though, is what happens if they see eye to eye on certain issues but cannot seem to resolve other divorce matters?

Reaching a settlement out of court is usually the most amicable way of navigating the divorce process. This is especially valuable for spouses who have minor children, as a drawn-out court battle can leave the entire family with emotional scars and make co-parenting that much harder in the years ahead. Another benefit of settling out of court is that it is typically faster and thus less expensive than going to trial. Nonetheless, in some cases, reaching only a partial settlement is possible.

What counts as a common law marriage?

Not all marriages must involve a ceremony or even a marriage license. If two individuals meet a small number of requirements, they may marry each in common law marriage. Not all states recognize common law marriage, but Montana is one of the few that does, allowing those who reside here to enter into common law marriage with relative ease.

It is important to understand that a properly executed common law marriage may prove as legally binding as a traditional-style marriage involving proper documentation through the state. Common law marriage is absolutely something to take seriously, especially if it may complicate ownership of property or custody rights.

Protecting finances essential during divorce proceeding

The breakup of a marriage can understandably be a difficult process from both an emotional and a financial standpoint. The financial aspect of divorce can be particularly unsettling, as what happens during the divorce will have a long-term impact on the two spouses' ability to support themselves. A couple of tips might help those navigating the financial aspect of divorce in Montana.

First, those who are in abusive relationships or who feel that their spouses will try to hide or destroy valuable possessions may want to hide these items. However, this move is only a temporary one. Any assets that both parties purchased using marital assets will have to undergo valuation and be divided during their divorce proceeding.

Divorce may be hard on adult children, too

No matter how young or old two parents are when they get divorced, their children are affected by the process. The reality is that gray divorce -- the breakup of couples who are 50 years old or older -- is on the rise throughout the United States, including in Montana. Here are a few tips for minimizing the negative impact of divorce on adult children.

First, it is critical that the parents who are getting divorced avoid badmouthing the other party in front of the children. Unlike young children, adult children who are cognizant of what is happening during the divorce likely have loving relationships with both parents having grown up with both of them -- a privilege denied to many children today. The disparaging behavior may unfortunately destroy the adult children's relationships with the parent who is being badmouthed.

Car accidents often result from speeding, illegal passing

A woman tragically lost her life in a recent pickup truck collision in Montana. In addition, five other people suffered injuries in the crash. Sometimes these types of car accidents are the result of another person's carelessness, which is grounds for a civil lawsuit.

The recent accident took place at around 1:20 p.m. on a Sunday along U.S. Highway 87. According to authorities, a woman, 23 years old, was driving a pickup truck north along the highway. The woman was reportedly speeding and tried to pass another car. In doing so, her truck ended up colliding with the pickup truck driven by a 54-year-old man.

Divorce does not necessarily have to be acrimonious

The dissolution of a marriage in Montana can understandably be overwhelming emotionally, mentally and financially. However, not every divorce proceeding has to be filled with acrimony and drawn-out battles. A couple of tips may help those going through divorce navigate the process in the most amicable manner possible.

First, the two spouses may be wise to avoid blaming each other for their marriage's demise. Often, both parties play a significant role in the breakup of the marriage. For this reason, taking full responsibility for one's personal behaviors, choices and actions that contributed to the marital difficulties may help smooth the way to a divorce achieved through mutual cooperation.