Montana

Subrogation

Subrogation is a fairly general concept, with a rather specific application in injury law. For our purposes, it occurs when an insurance company seeks repayment for money already disbursed to an injured insured from a source that otherwise would have gone to that same insured. It occurs when an insurance company tries to recover expenses it paid on a claim when someone else should have been responsible for paying (at least some) of that claim.

For example, imagine you were in a car accident with an unknown driver. The driver left the scene before you could gather any information and so you’re left holding the bag. You make a claim with your insurance company to cover your injuries and damages, and your insurance pays some of your claim. Later, your insurance company tracks down the man who hit you and, on your behalf, recovers some of the amount he owes you. If your insurance company is paid the amount they initially paid to you, that’s subrogation.

Subrogation is a controversial issue because of the made-whole rule. Until an injury victim has recovered damages sufficient to cover all his damages, his insurance company cannot seek subrogation. Like all things to do with the law, this is a complicated subject and the outcome depends heavily on your specific situation. If you have questions about subrogation and how it works, please call us today to discuss your case and learn more about your options.

Car Accident Attorneys

Despite being called car accidents, they usually aren’t accidents at all. Instead, if you look back you can usually find something one of the drivers did that caused the automobile wreck. As Car Accident Lawyers, a large part of what we do is determining what happened before an accident. Especially if the collision causes injury or death, these actions need to be investigated completely in order that the victims can be compensated for their losses.

The car accident attorneys at our firm know how crucial it is for our clients to be able to depend on us to protect their rights. That’s why we provide a free consultation for injury victims. You can call us today.

Tragically, most car accidents are caused by negligence or recklessness that could have been avoided. Negligence occurs when the vehicle’s driver fails to exercise due care. Recklessness, on the other hand, is the intentional disregard for a substantial and unjustifiable risk. There are many different kinds of negligent or reckless actions that lead to car accidents. For example: drunk driving, texting while driving, drowsy driving, speeding, following too closely, failure to yield, red light running, and drugged driving (which includes prescription drugs as well as illegal narcotics).

Although law requires that all drivers carry liability insurance, too many people choose to break the law. This means that when they cause an accident, it can be much harder to hold them responsible and adequately compensate the injured party. Having your own insurance is helpful, but as I’ve heard too many times – insurance companies don’t make money by approving claims. If you’re the victim of a car accident, you may find yourself fighting your own insurance company. At times like that, having knowledgeable and skilled attorneys can make a huge difference.

Dog Bite Injuries

Dog attacks can cause painful and lasting injuries for the victims. The owners of dogs who bites bystanders are held strictly liable. This means that even if the owner was trying to control the dog, and took adequate precautions, they can still be held liable for the damage that their dogs cause.

If you’ve read other articles on our site, you know that this is a departure from the common standard. Usually, you have to prove that the other party was negligent before they can be held responsible. In the case of dog bites though, the statute creates strict liability so negligence is not an issue. The law does impose a few other restrictions though.

The law only applies within an incorporated city or town. Also, the victim must either be in a public place, or be lawfully in a private place. The upside of this is that if your dog attacks a burglar who is robbing your house, the thief can’t turn around and sue you for his injuries. But, if you are walking down the street and a dog bites you, you probably have a cause of action against the owner. So long as you meet the next requirement, which is that the dog attacked without provocation. The law will not protect someone who harasses a dog and then is attacked because of it.

Law suits in dog bite cases often focus on whether the victim harassed the dog, and whether they were trespassing at the time of the attack. Unfortunately, the Supreme Court has had very few chances to address this law meaning that we don’t have a tremendous amount of guidance. But we do know a few things. In one case, a man had his hands over his neighbor’s fence. The neighbor warned him to remove his hands from the fence prior to the dog bite attack, but the man did not remove his hands. The Supreme Court ruled that this did not make him a trespasser and he could still recover for his injuries. In the same case, the man who was attacked had chased the dog with a fence post four to six weeks before the attack. The Supreme Court ruled that this did not qualify as “provocation” under the dog bite laws. While I would never recommend either course of action, it does give some idea for when the statute continues to apply.

Dog bites cause immediate physical pain, can result in the need for surgery or other rehabilitation, and often include severe psychological trauma. Dealing with the fallout from an animal attack requires skill and a delicate touch. If you or your child has been injured by a dog or animal attack, please consider calling us today for a free consultation.