This is a paid
advertisement.
|
Frequently Asked Questions of Conklin, Nybo & Lanning, P.C.The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Great Falls, Montana serious injury lawyers Conklin, Nybo & Lanning, P.C., you can receive a personal consultation regarding your specific legal claim. What is Personal Injury? Personal Injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Montana. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
Additionally, and this is unique to the State of Montana, personal injury plaintiffs may recover monetary damages for the diminished capacity to pursue an established course of life. What is Nursing Home Neglect? The State of Montana has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are currently being neglected and abused. Signs of nursing home abuse and neglect include:
Whether it is a single incident that causes injury or recurrent neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation for all resulting injuries and damages, and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding). The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to any abuse or neglect, it is important to report that abuse or neglect right away. Montana nursing home abuse lawyers Conklin, Nybo & Lanning, P.C. have prosecuted many cases involving the abuse or neglect of the elderly and dependent and provides free consultations to any individuals who believe that abuse or neglect may have been committed. Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Who can file a wrongful death lawsuit? A wrongful death case arises when someone is killed as a result of the negligence or other wrongful conduct of the defendant. In a wrongful death action, the surviving family members may be entitled to recover monetary damages to cover the final doctor bills and the funeral expenses resulting from the wrongful death. They may also recover money for the loss of support or other financial contribution they would likely have received from the victim had he or she survived. In cases where the victim experiences pain and suffering prior to death, most states have what is called a Survival Statute that permits the victim's estate to recover what would have been paid to the victim. And if the death resulted from intentional misconduct with the intent to harm the victim, the Survival Statute also permits the victim's estate to seek punitive damages. Punitive damages are a monetary award in cases involving a malicious intent to cause injury or death. They have nothing to do with actual damages sustained, but are intended to punish the wrongdoer and to deter others from engaging in similar misconduct. Does someone who is simply not satisfied with the results of surgery have a malpractice case? No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory. Does misdiagnosis fall under medical malpractice? Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. However, Montana statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act. For more information, consult medical malpractice lawyers Conklin, Nybo & Lanning, P.C. How do I know if I need an attorney? If you have been seriously injured in Great Falls, Montana, or elsewhere within the state, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Montana State laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. Montana accident lawyers Conklin, Nybo & Lanning, P.C. can advise you on the applicable statute of limitations for your injury case. What is Assumption of Risk? If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue another person for negligence. For example, if you went to a friend's house and they told you not to go out the back door because the deck was being repaired and after being told you still went out the back door, a court might well reject your personal injury claim for damages, based on a finding that you assumed the risk of the very sort of injury that occurred. Another example of assumption of risk is participation in a sport involving certain inherent risks of injury. For example, if you are playing football and you are tackled and break an arm, you may not recover damages from the person who tackled you. On the other hand, if you are playing tennis and a fight breaks out and you are injured as a result of the altercation, you may be able to sue the person who injured you. Since the risk of injury from an altercation or other intentional misconduct is not inherent to the game of tennis, you could not be said to have "assumed the risk." How much do Attorneys Conklin, Nybo & Lanning, P.C. charge for legal representation in matters involving personal injury, medical malpractice or wrongful death? There is never any charge whatsoever for an initial consultation to determine how the firm can best serve your needs. Almost all of the firm's personal injury, medical malpractice and wrongful death cases are handled on a contingency fee basis. This means that you will not be required to pay any advance retainer fee, and unless the case is successful, you will not be required to pay any attorney fees. When the case is resolved by settlement or by a judgment after trial we will charge a reasonable percentage of the amount we recover for you. You will find the fee schedule at Conklin, Nybo & Lanning, P.C., to be very reasonable and competitive, and there will be no hidden costs. If you or someone you know in Great Falls, Montana, or within the surrounding cities and counties of Montana needs the assistance or trusted legal advice of an experienced personal injury lawyer, please contact Attorneys Conklin, Nybo & Lanning, P.C., today at 406-205-4801, or complete the contact form provided on this site to begin your free consultation with a skilled Montana wrongful death lawyer. |