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Wrongful Death

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    Wrongful Death Lawyers Kalispell MT

    A legal claim arises when serious injury or even death occur as the result of the negligent (carelessness) act of another. Montana roadway collisions account for a large part of the wrongful injuries which occur Montana has one of the highest fatality rate in the nation. Montana was in fact ranked to most deadly in the Nation as with the highest fatality rate per mile driven than any other state. U.S. Census Bureau. In 2009 221 people were killed on the dangerous roadways. The total number of injuries was 7,351 and the number of severe injuries was 1,331. If you were involved in a roadway accident and you were injured it is a good probability it was a severe injury and should be compensated as such. Montana Department of Transporation, Montana Traffic Safety Problem Identifcation FFY 2011. http://www.mdt.mt.gov/safety/safetyprg.shtml

    In fact, there is an even higher probability that you were a victim of an intoxicated driver. 41.7% of all traffic fatlities in Montana involve an intoxicated driver. See, Safety Survey. While working as former prosecutors the attorneys at Anderson & Bliven worked to keep intoxicated drivers off the street. We continue this work by representing victims of intoxicated drivers in civil actions against drivers who injure other while under the influence of alcohol, illegal drugs, prescription drugs or a combination thereof. Even driving while under the influence of legal drugs when it impairs driving is a serious matter.

    There are many other area where wrongful death and serious injury may occur other than on the roadways. People are wrongfully severely injured or death results from Foodborne Illness (link to page), Products that are defective (link to page), Defective presription drugs, Nursing home negligence and medical malpractice.

    Nursing home neglect and abuse has recently become much more publicised as the population grows older. It is much more likely today that you know someone or have a relative who is in a nursing home. We all would like to believe that our loved one’s and friends are taken care of properly and humanely. However, some nursing home unfortunately put profit before proper care of their residents. One of the most prevalant problems is neglect that can range from dangerous bedsores all the way to death from the simple failure to provide basic supervision or medical care. In 2008 a case was filed in the Kalispell area against a nursing home by the family of a victim who fell 35 times then dying from a fall when unsupervised. Another death occurring in Libby is also very concerning. At Anderson & Bliven we believe that residents of nursing homes have rights. We believe in the nursing home patients bill of rights. If you have a loved one who has been neglected and suffered from nursing home abuse or neglect call us. We are attorney who represent neglected and abused nursing home residents. Its not right to put profits ahead of humane nursing home care.

    Medical Malpractice is another area of serious injury or death that is significant in Montana. We believe everyone deserves to be treated humanely and reasonably. Medical Malpractice occurs when a medical provider or physician fails to uphold the standard of care of that of the profession he or she is engaged. After all these medical providers are being paid for their special skill and expertise. When a medical professional fails to uphold the standard required of their skill, knowledge and experience and wrongful death or severe injury results a claim may be asserted. While in the case of both Medical Negligence and Nursing Home Neglect / Abuse, the case is first heard before the Montana Medical Legal Panel. Regardless of the outcome, the victim or victim’s family in the case of wrongful death may still bring a case in District Court to be heard before a jury of citizens.

    In the case of Wrongful Death there may be additional claims brought on the part of the estate and on the part of loved ones. The statute of limitations can be very short, possibly as short as a year. A statute of limitations is a time period which is set by law to bring a claim for wrongful injury or death. If a claim is not filed on time then it will be barred and there will be no recovery allowed. As a result, if you or you know someone suffering from serious injury or who has died wrongfullly you should urge them to contact competent legal assistance as soon as possible. It does not matter how serious the injury or how bad or wrongful the conduct if a legal claim is not filed in Court in time.

    At ANDERSON & BLIVEN P.C. Montana Injury Law is our primary focus. We have helped over 1000 people with their wrongful injury and death claims. We have the experience and dedication to obtain fair and just compensation. Call us for a free case evaluation.

    Other areas of Serious Injury and Death

    Montana Traffic Safety
    Problem Identification
    FFY 2011
    2009 Data
    State

    Montana’s fatalities were down 8 people to 221 , when comparing 2009 to 2008. The total number of injuries on Montana’s roads was down 1,114 to 7,351 and the number of severe injuries (fatal injuries and incapacitating injuries) was down 234 to 1,331 .

    While Montana saw a decrease in the fatality rate per 100 million vehicle miles travelled to 2.01 , this number is still significantly higher than the national fatality rate estimated to be 1.25 in 2009.

    OCCUPANT PROTECTION

    The primary safety belt law failed during the 2009 legislative session.

    The 2010 observed use of restraints decreased slightly from 79.2% to 78.9% on all Montana roads. While restraint use is fairly high for a secondary law state, only 33.3% of vehicle occupants killed in collisions were wearing seat belts . If everyone had been wearing seat belts, approximately 50 lives may have been saved.

    Young vehicle occupant (age 0-14) injuries continue to decline . This is a good indicator of proper child safety restraint use.

    ALCOHOL AND/OR DRUG RELATED DRIVING

    The number of alcohol/drug-related crashes decreased 7.6% to 2,138 , while the number of alcohol/drug-related injuries decreased 19.8% to 1,319 .

    Early 2009 estimates show a slight increase in the number of alcohol-related fatalities from 103 to 104 , making up 47.1% of the total number of fatalities in the state.

    Drivers under the age of 24 were involved in the highest number of alcohol/drug-related crashes per 10,000 licensed drivers .

    In this annual report, the Montana Department of Transportation, State Highway Traffic Safety Bureau presents the most recent available data surrounding traffic safety. A summary of findings for 2009 are listed below:

    FATALITIES AND INJURIES

    Montana’s fatalities were down 8 people to 221 , when comparing 2009 to 2008. The total number of injuries on Montana’s roads was down 1,114 to 7,351 and the number of severe injuries (fatal injuries and incapacitating injuries) was down 234 to 1,331 .

    While Montana saw a decrease in the fatality rate per 100 million vehicle miles travelled to 2.01 , this number is still significantly higher than the national fatality rate estimated to be 1.25 in 2009.

    OCCUPANT PROTECTION

    The primary safety belt law failed during the 2009 legislative session.

    The 2010 observed use of restraints decreased slightly from 79.2% to 78.9% on all Montana roads. While restraint use is fairly high for a secondary law state, only 33.3% of vehicle occupants killed in collisions were wearing seat belts . If everyone had been wearing seat belts, approximately 50 lives may have been saved.

    Young vehicle occupant (age 0-14) injuries continue to decline . This is a good indicator of proper child safety restraint use.

    ALCOHOL AND/OR DRUG RELATED DRIVING

    The number of alcohol/drug-related crashes decreased 7.6% to 2,138 , while the number of alcohol/drug-related injuries decreased 19.8% to 1,319 .

    Early 2009 estimates show a slight increase in the number of alcohol-related fatalities from 103 to 104 , making up 47.1% of the total number of fatalities in the state.

    Drivers under the age of 24 were involved in the highest number of alcohol/drug-related crashes per 10,000 licensed drivers .

    For more information regarding Kalispell wrongful death cases, visit our resource center.

    The Montana personal injury attorneys at Anderson & Bliven, P.C., handle all types of Personal Injury, Criminal Law, Family Law, Business Law, and Social Security Disability matters in Kalispell, Columbia Falls, Whitefish, and throughout the state of Montana. If you have been injured by a foodborne illness, auto accident, or suffered any type of injury, call our Kalispell personal injury attorneys at (406) 755-6828 or toll-free at (888) 757-6828 for a free consultation with an experienced attorney.

    USEFUL INFORMATION