If you are a car crash victim, you may be pressured to make decisions you are not prepared to make. You will be faced with many complex issues such as medical care and legal matters. The insurance company for the person that caused the crash may offer you a cash settlement for your damages. Such an offer may leave you wondering if the insurance company's settlement offer is fair and enough to compensate you for your medical expenses, lost wages, property damage, pain, emotional distress, and disruptions to your life.
Settling your car crash claim without legal advice may result in not receiving the amount of money you deserve. Also, it could leave you uncompensated for damages that may accrue in the future. An initial offer from the insurance company will likely not consider all the specific facts of your case. In order to determine whether an insurance company's offer of settlement is fair, the specific circumstances, damages, and facts of your situation must be considered.
The insurance adjuster's job involves resolving your personal injury claim before you hire an attorney and for the least amount of money possible. Insurance companies have enormous resources and teams of claims adjusters working for them with these self-serving goals in mind.
If you've been the victim of a car crash, one of the first steps an insurance company will take is request your recorded statement and ask you to sign forms releasing information and your medical records to them. These are only a couple ways the insurance company gathers information that may be misinterpreted and used against you.
Having an experienced attorney on your side and advocating for you is crucial to your car crash claim to achieve the monetary resolution you deserve. Make sure you have the legal experience required to make sure you get the compensation you deserve. Call Paoli Law Firm at [nap_phone id="LOCAL-REGULAR-NUMBER-2"] to see how our attorneys can help you.
]]>In 2018, more than 1600 Montana crashes involved commercial motor vehicles (CMVs). The most common cause of truck accidents is fatigue by overworked drivers. These crashes have resulted in death, catastrophic injuries and immense damages to innocent people.
Truckers face many pressures such as strict delivery schedules to distribute goods across Montana and the United States. Consequently, truckers often work long hours with continuous driving and in adverse driving conditions. If adequate breaks and rest are not taken, truckers can become fatigued, in turn putting the safety of other motorists and the public at risk.
With the purpose of preventing accidents caused by truck driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) governs the working hours of anyone operating a commercial motor vehicle in the United States. The number of hours a truck driver may drive per day as well as the total number of hours the truck driver may work per week are limited by law.
Although the hours of service rules are put in place for the safety of individuals on the road, many truckers exceed the hours of service allowed in order to meet delivery deadlines or reach their destination sooner.
Both the truck driver and motor carrier have responsibilities to ensure that truck drivers do not exceed the hours of service regulations. However, in some cases, motor carriers have encouraged drivers to exceed the hours of service allowed. Whatever the reason, it is illegal to exceed the hours of service regulations imposed on truck drivers and doing so may result in catastrophic injuries to innocent people.
If you or someone you love is the victim of a crash caused by a semi-truck or bus driver, there will undoubtedly be many challenges in addition to physical injuries. Facing trucking companies backed by huge insurance companies, law firms, and financial assets requires experienced attorneys advocating for you. Paoli Law Firm has extensive experience in representing victims of semi-truck crashes and can navigate the legalities of crashes involving hours of service violations. Call Paoli Law Firm to discuss your potential case at [nap_phone id="LOCAL-REGULAR-NUMBER-2"].
]]>When a patient is injured as a result of a Montana doctor's error or medical malpractice, they may be entitled to seek monetary compensation. However, before a medical malpractice lawsuit can be filed with the court, as a prerequisite, the case must be presented to the Montana Medical Legal Panel.
The purpose of the Montana Medical Legal Panel is to:
"prevent, where possible, the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded."
Montana Code Annotated §27-6-102.
In other words, Montana imposes this additional obstacle for medical malpractice plaintiffs to discourage individuals from filing frivolous injury-related lawsuits.
There are specific requirements, pursuant to Montana law, that must be completed in order to submit a case to the Montana Medical Legal Panel. The first step is to submit an application that conforms to the requirements of Montana Code Annotated §27-6-102. After the healthcare provider responds to the application a hearing is scheduled before a panel of six members made up of Montana licensed physicians and Montana attorneys.
A hearing will then take place where both sides will make statements, witnesses will testify, and medical records and documents may be introduced as evidence.
Following the hearing the panel will determine:
1. Whether there is "substantial evidence that the acts complained of occurred and that they constitute malpractice," and
2. Whether there is "a reasonable medical probability that the patient was injured" by the acts complained of.
Proving medical malpractice requires that you establish the appropriate medical standard of care and prove the doctor breached this standard of care. Montana doctors have a duty to possess and exercise the reasonable and ordinary degree of learning, skill, and care possessed and exercised by physicians of good standing in the same area of practice or in similar locality in Montana.
Montana medical malpractice lawsuits are complicated. Most cases will involve extensive and complex medical records and testimony from multiple medical experts and doctors, and consequently will require in-depth legal medical malpractice knowledge and experience. In addition to the procedural requirements, it is imperative that claims are brought prior to the Montana medical malpractice statute of limitations.
Paoli Law Firm has successfully represented many clients who have been victims of medical malpractice.
We have assisted clients with presenting their case to the Montana Medical Legal Panel, with filing lawsuits, and in obtaining the monetary recovery they deserve. Paoli Law Firm has extensive experience and knowledge in formulating the appropriate strategy for Montana medical malpractice cases, proving liability, and retaining qualified medical expert witnesses. If you believe you have a medical malpractice claim, call the experienced attorneys at Paoli Law Firm to discuss your potential claim.
]]>The terms "mild," "moderate" and "severe" are commonly used to describe brain injuries and how those injuries affect brain function. The type and amount of force causing brain injuries are factors that result in one or several areas of the brain being damaged or adversely affected.
All brain injuries are complex and unique and require prompt medical attention and an accurate diagnosis and appropriate medical care. A traumatic brain injury, commonly referred to as TBI, can dramatically affect the victim's quality of life.
The most common type of traumatic brain injury is a concussion. Concussions are often suffered as a result of car accidents or impact sports, but can be caused by any direct blow to the head, whiplash type injuries, shaking or the head, or by an object that penetrates the brain tissue, such as a gunshot wound.
Montana residents who have suffered a whiplash injury or blow to the head of any sort should be aware of what symptoms to look out for.
Symptoms of mild traumatic brain injury may include:
· - Loss of consciousness
· No loss of consciousness, but being in a dazed, confused, or disoriented state
· Headache
· Nausea/vomiting
· Fatigue
· Difficulty with speech
· Trouble sleeping or sleeping more than usual
· Dizziness and loss of balance
· Blurred vision
· Ringing in the ears
· Sensitivity to light
· Sensitivity to sound
· Memory problems
· Difficulty concentrating
· Mood changes and mood swings
· Depression and anxiety
Moderate to severe traumatic brain injury symptoms may include:
· Loss of consciousness
· Persistent or worsening headache
· Vomiting or nausea
· Seizures or convulsions
· Dilation of pupils
· Clear fluid draining from nose or ears
· Inability to awaken from sleep
· Weakness/numbness in fingers or toes
· Loss of coordination
· Confusion
· Agitation or other unusual behavior
· Slurred speech
· Coma
If you have suffered from a traumatic brain injury resulting from someone else's negligence, you may be entitled to compensation. At Paoli Law Firm our attorneys have extensive experience helping clients who have suffered a brain injury. Contact Paoli Law Firm to discuss your case. [nap_phone id="LOCAL-REGULAR-NUMBER-2"]
]]>The Montana Highway Patrol released its 2018 Annual Report which contains insightful and eye-opening data related to vehicle crashes in Montana.
In 2018, there were 23,518 crashes reported in Montana. Resulting from these crashes were 182 fatalities and 7,036 injuries reported. In other words, there is an average of one crash every 23 minutes, one injury every 75 minutes, and one fatality every 48 hours.
Of the fatal and injury crashes combined, most crashes occurred on dry roads, in clear weather, and during the daylight hours. In fact, most fatal crashes occurred between 3:00-4:00 p.m. on Thursdays in July.
The top three contributing circumstances of all accidents are:
1. Inattentive driving;
2. Driving too fast for conditions; and
3. Failure to yield the right of way.
Not everyone will be involved in a car accident, but it's important to know your options if you or a loved one is the victim of a motor vehicle crash. Consulting a Montana personal injury attorney after a crash can help you get the compensation you need.
At Paoli Law Firm we represent all types of Montana auto accident claims including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Auto/pedestrian accidents
- Auto/bicycle accidents
- Bus accidents
Because car accidents occur so frequently, Montana's laws govern car insurance requiring all drivers in Montana to purchase automobile insurance. If you or a loved one has been injured in a motor vehicle accident caused by someone else's negligence, insurance coverage should be available for your damages including medical costs, lost wages, and pain and suffering.
To set up your consultation, call Paoli Law Firm, P.C. at [nap_phone id="LOCAL-REGULAR-NUMBER-2"].
]]>In 2018, three lawsuits against Reflections Academy in Thompson Falls were filed following allegations of sexual abuse and grooming by a male employee, Chaffin Pullan, and professional negligence related, in part, to inadequate therapy and education. Reflections Academy, a for-profit corporation, is owned by Michele "Mickey" Manning, who also served on the board for Private Alternative Adolescent Residential or Outdoor Program (PAARP). Until Senate Bill 267 was passed and subsequently became law on July 1, 2019, Montana's residential boarding schools, including Reflections Academy, were overseen by PAARP. Ironically, PAARP's board was made up of representatives from the boarding school industry it was intended to oversee and regulate.
On its website, Reflections Academy advertises itself as "a small, homelike therapeutic boarding school for girls, nestled in the natural beauty of Northwest Montana. A welcoming haven for struggling teenage girls and their families. Our unique residential program strives to be a safe haven for struggling teenage girls and their families." Reflections Academy's website never mentioned employing Cameron Pullan and Chaffin Pullan, twin brothers, well known to Mickey Manning, both personally and professionally. In fact, Cameron Pullan and Chaffin Pullan were defendants in a prior lawsuit that alleged negligence for the death of a student that occurred at Spring Creek Lodge in Northwest Montana. Despite being very familiar with the prior litigation and testifying in that litigation, Mickey Manning employed the Pullan brothers at Reflections. Chaffin Pullan later admitted to having a sexual relationship with a child enrolled at Reflections Academy and allegations of sexual abuse and grooming of other children were made.
The Missoulian published a news series about residential treatment programs in Montana following a yearlong review, exposing the dark underbelly of these for-profit youth therapeutic treatment programs. https://missoulian.com/troubled-kids-troubled-system/collection_d59fcf11-f157-5dd1-8622-0e92810e4ee7.html
On July 1, 2019, the Montana Legislature passed Senate Bill 267, which, in summary, terminated PAARP's licensing duties and transferred those duties to the Department of Public Health and Human Services (DPHHS). Effective July 1, 2019, DPHHS provides for the licensure and regulation of private alternative adolescent residential or outdoor programs to monitor and maintain a high standard of care and to ensure the health and safety of adolescents and parents using the programs. DPHHS is also statutorily required now to conduct periodic visits to facilities to ensure that minimum standards are maintained. For those programs with licenses in existence prior to July 1, 2019, those licenses will be accepted and administered by DPHHS until the licenses expire or are canceled, reduced, modified, or revoked by DPHHS. With DPHHS overseeing the youth treatment industry, change is underway in Montana.
On July 23, 2019, twenty-seven children were evacuated from Ranch for Kids in Rexford, Montana following allegations of "egregious, chronic and persistent child abuse and neglect." Reportedly, children were hit, kicked, body-slammed, and spit on. Allegations include a staff member shooting a nail gun at students, prolonged isolation, withholding food, and students being forced to go on 15-20 mile walks in the middle of the night in inappropriate clothing. It has been alleged that staff inflicted persistent psychological abuse on children and used excessive discipline. Allegations also include children not receiving critically necessary medical attention and inadequate administration of medications. It has been reported that staff themselves have indicated that they were unequipped to handle the children accepted to Ranch for Kids.
The Ranch for Kids advertises itself as a therapy program serving adopted children with Reactive Attachment Disorder (RAD) and Fetal Alcohol Spectrum Disorder (FASD). The program has been the subject of several allegations over the 20 years it has been operating. Ranch for Kids was originally founded by Joyce Sterkel and is now overseen by Executive Director, Bill Sutley, who is Sterkel's son. Sutley oversees all operations, teaches students, and provides therapy for the children. Before his work with Ranch for Kids, Sutley was an electrical engineer and does not have an educational degree nor is he a licensed therapist. Despite this, Sutley holds himself out to be a "teacher" and a "recognized authority on therapeutic process."
The DPHHS' July 23, 2019 revocation of Ranch for Kids' license is not the first time its licensure has been revoked. In 2010 the PAARP board did not renew the ranch's provisional license and despite this, Ranch for Kids continued to operate without a license until PAARP issued a cease-and-desist order in June 2011. In another lawsuit, after threatening behavior from Sutley and Sutley's refusal to allow an inspection of the premises, the Department of Labor and Industry filed a lawsuit against Ranch for Kids related to long-standing building code issues.
While parents often do extensive research prior to enrolling their children in boarding schools, their research may not shed light on the various allegations, complaints, and inadequate staff/owner credentials, which are not always available to the public. Websites for many therapeutic boarding school programs promise compassionate and quality treatment, experienced staff and therapists, hope, healing, safety for children, and a homelike atmosphere - all in the beautiful Northwest Montana. For struggling teens and families, these representations seem like a lifeline to healing and promise. These representations entice parents and guardians to pay upwards of $4,500 a month or more in tuition - in addition to application fees and additional expenses for food, uniforms, therapy, and extracurricular activities. Unfortunately, despite these enormous rates for tuition and fees, many teens and parents have not benefited from these programs, and in some cases individuals have suffered significant damages as a result of enrolling in and relying on the program.
At Paoli Law Firm we are committed to fully protecting our clients' rights and interests. If you or someone you know has suffered damages arising from enrollment in a residential treatment facility, call Paoli Law Firm, P.C. at [nap_phone id="LOCAL-REGULAR-NUMBER-2"] to set up an initial consultation.
]]>With thousands of other lawsuits looming, Bayer's Monsanto has reason to worry. And, with spring right around the corner, so do the thousands of farmers and agricultural workers in the state of Montana.
Unfortunately, rather than taking responsibility, Monsanto continues fighting similar legal battles against cancer-stricken Roundup users across the country. For Montana farmers, landscapers and others who regularly use Roundup and think Roundup may cause their own cancer, taking legal action against Monsanto may be the only way to receive compensation for unplanned medical bills and needless pain and suffering.
Since developing Roundup in the early 1970s, Monsanto has claimed it is safe to both humans and the environment. Unfortunately, overwhelming evidence has shown otherwise. In 2015, the World Health Organization's International Agency for Research on Cancer (IARC) determined glyphosate is probably carcinogenic to humans. Even internal company documents have revealed that Monsanto knew that Roundup was not safe and that Monsanto also attacked legitimate studies and falsified their own research to support their alleged safety claims.
Because of Monsanto's successful marketing of Roundup as safe, the use of the weed killer is so widespread that the chemical is present almost everywhere. Approved for use on over 100 different crops, studies have shown that glyphosate exists in rivers, streams, and groundwater in agricultural areas where Roundup is used. Glyphosate has also been found in a variety of packaged foods, including Cheerios cereal, Oreo cookies, Ritz crackers, and Lays potato chips.
Perhaps most troubling for Montana's agricultural community is that a Farm Family Exposure Study found that 60 percent of farmers had detectable levels of glyphosate in their urine on the day they used the herbicide, and farmers who did not use rubber gloves when spraying had the highest levels of those tested. What's worse, 4 percent of the farmers' spouses and 12 percent of their children also had detectable levels of glyphosate in their systems.
Researchers have pointed out that neither regulators nor the chemical industry have studied the effects of Roundup at current levels of exposure, so we don't yet know the full extent of how harmful it can be. However, we know it causes cancer in animals with links to cancer, particularly non-Hodgkin's lymphoma, in humans -- even among people who spray small amounts in their backyards, let alone farmers and commercial users who frequently sprayed concentrated amounts of the chemical.
Do You Have Non-Hodgkin Lymphoma Related to Roundup®? Get Any Help You Deserve
We are a Montana law firm offering a free legal evaluation to people who have worked with this toxic chemical. If it has made you ill, we may be able to help you get:
If you or a loved one was diagnosed with non-Hodgkin Lymphoma and have a history of using Roundup weed killer products, contact the lawyers at Paoli Law Firm to learn your legal rights and see if you have a case. Please visit Paoli Law Firm at www.paoli-law.com or call [nap_phone id="LOCAL-REGULAR-NUMBER-2"].
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