Solomon Neuhardt

Catch 22 for Generic Drug Labeling

2011-02-13T19:05:00.000-08:00

Although a final ruling from the U.S. Supreme Court isn’t expected until this summer, things aren’t looking good for generic drug manufacturers. At issue is whether their labeling has to reflect important medical warnings – even when those warnings aren’t required by the FDA.

This is especially important for drugs that are sold without a prescription but which may be taken on the recommendation of a physician. Drugs like Motrin (ibuprofen), aspirin and Tylenol (acetaminophen) would fall under this category. A physician may tell someone to take an over-the-counter preparation as part of his or her therapy. The patient then has to rely on the package information available at the point of purchase – without the input or oversight of a pharmacist.

The latest case involves a minor child who was prescribed Motrin following surgery to remove two moles. The pain reliever was purchased by his parents as a generic in the over-the-counter version. Subsequently, the child developed a high fever and liver failure. This was determined to be due to an interaction between the ibuprofen and the anesthetic used in the mole surgery.

Although ibuprofen is known to cause liver problems with some anesthesia drugs, this information is not printed on the package label and without the intervention of a pharmacist the parents had no way of knowing about the risks. The manufacturer claims their liability is limited because the package label is approved and certified by the FDA and isn’t required to list all the possible drug interactions. In fact, to produce a label that isn’t approved by the FDA is a violation of federal law by itself.

Previous rulings hold that manufacturers cannot escape liability with this excuse. The courts point out that companies do not normally submit such labeling and if they did, the FDA might approve it. In other words, simply meeting the minimum standards of the FDA doesn’t allow them to avoid lawsuits.

Billings personal injury attorney, Solomon Neuhardt, expressed it this way, “If a drug manufacturer cannot adequately communicate the risks to consumers, they have no business selling it outside the framework of medical supervision. This is a case of profits driving out common sense. Imagine how devastated the parents are – they thought they were doing the right thing, completely unaware that their own child would end up needing a liver transplant because they purchased something off the shelf.”

Click here for more information on personal injury and dangerous drugs.

About Solomon Neuhardt:

Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

They Don’t Say “Scam”

2010-11-20T10:23:00.001-08:00

Bad faith claims against insurance companies

Scam is such a harsh word. The proper way to say it, in polite company, is “bad faith” or even “unfair trade practices”. What it amounts to is a situation where there has been a loss – and this part isn’t even contested, everyone agrees here – and the insurance company essentially says, “We aren’t going to pay, sue us.”

Shocking? Yes. This is exactly the sort of practice that commonly happens during a disaster; the kind of misbehavior that arose when New Orleans was hit by hurricane Katrina. Insurance carriers flatly denied claims and put the burden of proof on the homeowners – the very people who were in no position to pursue extended legal action against them.

Fast forward to now. Jump several thousand miles to Montana. No hurricane, no flooding, but guess what? The same technique turns out to work just as well -- outright denial of a valid claim just to pressure a financially strapped claimant.

But why do it if they know they will lose the case against them? Read on to find out the real trick here.

A hypothetical and two victims

Let’s take a simple case to see how it works. Suppose you slip and fall on someone’s property because they created a hazardous condition. Maybe it’s even on film. You’ve documented the injury and are seeking compensation for medical bills and loss of wages because you couldn’t work while your broken leg healed. There is also some nerve damage which adds to the cost.

Everything is cut and dried and you have a claim against the property owner’s insurance company. In fact, you are willing to settle for the limit of the property owner’s liability coverage, say $100,000. In a fair and just world, the negotiation would proceed without too much delay and the claim would be settled.

Now, consider the matter from the insurance company’s point of view. They could settle for the policy limit, but if they delay or deny the claim, the worst that can happen is that they will be sued. And if they lose the lawsuit, they won’t have to pay a penny more than the policy limit anyway.

They can pressure you to settle for less, knowing that a judgment for more than the policy maximum will have to be paid by the homeowner. That’s the second victim. An insurance company that refuses to act in good faith doesn’t have to pay more and by threatening to take it all the way to a trial, they might get you to settle for less than you deserve. Why? Because you know going to court will result in a higher judgment, but a judgment you might never collect if the homeowner doesn’t have serious cash available.

Fighting bad faith

Because the issue isn’t hypothetical, but actually happens, Montana law has addressed the circumstance.

Under the Montana Unfair Trade Practices Act, the second victim in the above scenario, the policy holder, can sue their own insurance company for bad faith actions. The third party claimant can also sue for damages above the policy limit as well. Some of the unfair trade practices covered under the act:

Misrepresentation of facts or insurance coverage – saying something isn’t covered when it is.
Failure to pay claims without conducting a reasonable investigation.
Withholding or delaying a decision on whether or not something is covered after a proper submission of a claim.
Refusing to negotiate or attempt to settle a claim when the facts are reasonably clear.

While the statute is an important tool to keep insurance companies from “playing the system” against their own clients and third party claimants, there are important deadlines to be aware of. Policy holders have two years to file after a violation has occurred. Third parties have only a year to file after a settlement or judgment has been entered.

If you think you have been a victim of bad faith: Make sure you bring the issue up with your attorney!

Neuhardt Law in the Billings Gazette

2010-09-17T09:05:00.000-07:00

Neuhardt Law recently assisted a Billings woman in her personal injury case against her neighbors.

Ms. Person was set upon and attacked by their 3 boxer dogs in July 2009. The attack resulted in numerous bite wounds and a series of rabies shots.

We produced a successful settlement for Ms. Person and the Billings Gazette recently wrote about our story, read it here.

Lethal Litter: Road Debris Accidents

2010-08-26T12:27:00.000-07:00

A case of a fertilizer spill brings up negligence and driving safety issues.

Earlier this month, a commercial truck hauling a load of fertilizer up Interstate15 into Montana brought up some interesting issues about fault in road debris cases. The type of truck is called a ‘belly dump’. These are container type semi-trucks that funnel down on the bottom so that opening a slide will release the contents. In this case, the driver claimed he stopped suddenly at a construction zone and this jarred the door on the bottom of the truck, resulting in a steady leak of the contents. The green fertilizer leaked for more than a mile along I-15 until the driver pulled over and resealed the opening.

Thankfully, and perhaps because it happened in a construction zone, no accidents occurred. But we’ve all either seen debris on the road or even been hit by truck cast offs. The question an accident attorney needs to determine is really two-fold: Was there negligence by the trucking company and, can negligence be proven?

For the fertilizer, these translated into whether the material was inherently hazardous – it was, after all, a commercial chemical fertilizer – and did the material alter driving conditions enough to make the road unsafe. Pelletized fertilizer can act like little ball bearings, much like a gravel spill would. Stopping on what amounts to little rolling balls can be nearly impossible. In this case, the fertilizer was deemed not to be hazardous and it was in a powdered form, both would tend to help the trucking company avoid a lawsuit.

The general principles

If your vehicle is damaged by road debris, whether or not it leads to an accident, you may have a valid negligence claim. This will depend on several factors, and your lawyer will examine all of these.

Could you have avoided striking the object? This usually translates into whether the object was moving or stationary and how visible it was. Because drivers are responsible for keeping their vehicle at a safe speed, they are assumed to have enough distance to either stop or go around any debris in the roadway. In practice, this isn’t always the case. A black piece of tire on a dark road surface at night can be very hard to see – however, drivers do have a responsibility whenever an object is stationary on the road.

Objects that are moving – wither because they just fell off a truck or because they were kicked up by another vehicle – can be impossible to dodge, and in this circumstance, the fault is clearly not with the driver of the damaged car.

How long was the item on the road before you struck it? While it can be difficult to determine this, cameras, accident reports, and other data might be available to show that the debris was in the roadway an inordinate amount of time. Municipalities have a duty to keep road hazards cleared off of public highways. If they are not performing this function, they have some share in the negligence when an accident happens.

In many cases, it is difficult to prosecute a claim in court against a government entity. They will argue immunity and you would have to demonstrate they were lax in their duty to an excessive degree. These cases are more likely to be won when the actual condition of the road is the problem – a pot hole or road marker that is flawed. Even in these cases, you would have to show the municipality both knew about it and that they had time to fix it but didn’t.

Can you reliably identify the vehicle that the object fell off of? Without this critical piece of information, the case may not be able to go forward. In the best situation, there will be witnesses who can verify the incident or the item will be so unique that it must have come from the truck you claim it did. Seeing the item fall is the strongest connection.

When there is a commercial carrier involved, your attorney may be able to subpoena trip logs and manifests to show that the truck was where you said it was, when you said it was, and was carrying the type of item that struck your vehicle.

Do the damages and injuries suffered rise to the level of legal action? In negligence suits, there is a rule of, “No harm, no case.” In practice, this means that if the damages were slight, there is probably not much point in pursuing the case beyond a request to the carrier’s insurance company. Such a request, when it appears on an accident attorney’s stationery is likely to get a quick response. However, some commercial carriers feel victimized by the public – they suspect that many claims are inflated or fabricated to take advantage of their deep pockets.

Another reason why a commercial trucking company might wish to fight even a legitimate claim is that these are recorded and can lead to increased premiums from their insurance carrier. The best course is to be truthful and have all the relevant facts available. With the facts in hand, your attorney will help you decide how to proceed.

Other factors

Was the load properly secured? The assumption is that if something fell off, it wasn’t.

If other vehicles and drivers were involved, this strengthens the case tremendously. Each is a potential witness and combined, the testimony makes a very good case.

Did you file a police report? Again, this helps establish credibility and confirms the date and time of the incident. On-scene photographs of the debris and any damage will also help.

Can I Save a Child’s Life Today?

2010-08-05T12:08:00.000-07:00

Action you can take to help stop the number one killer of young children.

The leading cause of death in young children in the United States is accidental death. And the highest number of deaths occurs as the result of motor vehicle accidents. The rate is even higher in rural states like Montana. And the stunning fact is that about half of these deaths can be prevented.

The reason? Improperly used or defective child restraint systems. A study by the National Highway Traffic Safety Administration found more than 70% of car seats, booster seats and other restraints were being used improperly and would fail to prevent injury. Termed “critical misuse” by the NHTSA, the problems fell into several categories:

Inappropriate restraint system for the age and weight of the child;
Car seat facing in the wrong direction;
Misplacement with respect to air bags;
Car seat or booster not secured properly in the vehicle;
Harness or crotch strap not properly adjusted;
Missing or unused locking clip on safety belts.

How to save a life

With more than two-thirds of child restraint systems being misused, it is obvious that if even one caregiver, parent, grandparent or other family member takes action, we can save some lives and prevent the almost unimaginable tragedy of a child’s death. Auto accidents happen. No one can prevent them and you don’t have to be at fault to suffer the consequences. But there is help available:

Manufacturer’s website. Many manufacturers provide instructions for proper installation and use of their products on the web. This is helpful if you no longer have the original guide that came with the seat. Some even put up videos that show the same information. Here is an example of an excellent video of this type: Britax Booster Seat
Two general resources on the web that describe age and weight appropriate restraints: HealthyChildren.org and NHTSA.gov.
Contact your local police department. Police officers are trained on the proper use of child restraints and will inspect yours for free. They are happy to give instructions on proper use because they have seen the heartbreaking results of misuse.

You can save a life…

… but not by reading an article. You need to take action. If it is your child at risk, don’t assume you are in the one-third who know how to use a car seat properly, get a second opinion. If it is your friend’s child, or your grandchild or even just someone you know who has a child restraint in the vehicle – bring the matter to their attention. Car crashes happen every day and every hour of every day. Waiting is a gamble that not only isn’t necessary, but is foolish.

Avandia Risks

2010-07-15T16:56:00.000-07:00

Type II diabetes (sometimes called adult onset diabetes) is characterized by a gradual resistance to the effects of insulin in the body. In short, the amount of insulin secreted by the pancreas doesn’t control blood sugar levels. In the earlier stages, patients may take oral medications that change the body’s response to insulin. In the later stages, patients usually have to have insulin injections.

Avandia (generic, rosiglitazone) acts on cells to sensitize them to insulin so that patients who have become resistant to the effects of their own insulin can return to a more normal state. The drug is sold in three different products, all manufactured by Glaxo-Smith-Kline. Avandia is a single ingredient form; Avandamet is a combination with metformin; and Avandaryl is a combination with glimepiride. The combinations are with drugs that increase insulin secretion with the strategy of both increasing production of insulin and increasing the sensitivity to the hormone.

Problems emerge

A study published in May of 2007 showed an increased risk of heart attack in patients taking Avandia – a serious blow to Glaxo-Smith-Kline, who in 2006 had an estimated 2.5 billion in sales for the three products.

The FDA reacted quickly and recommended the drug be restricted to patients without a history of heart failure and that patients should be followed up to see if any cardiac problems developed while on the drug.

Later in 2007, another warning, about increased risks of bone fractures in women was added to the drug packaging information. This is an important warning, because overweight women are at higher risk for bone fracture from stress or falls even without the side effects of Avandia and this population is also more likely to develop type II diabetes. (FDA updates to warnings can be found here.)

The story didn’t end there. By February of 2010, some FDA officials were recommending that Avandia should be pulled from the market entirely (ABC news report).However, the drug is still being sold.

Controversy remains

Why is the drug still being sold? Because different studies have come to different conclusions. While the risks of heart attacks is clearly greater, they may be no greater than other drugs used in type II diabetes and no worse than someone who has untreated diabetes. It is the very fog of the unknown that allows the medication to be sold.

Instead of having to prove a substance entirely safe, drug manufacturers are allowed to warn doctors about possible side effects and then the physician is entitled to use their good medical judgment and assume liability. There is one important consideration though: when a drug company withholds information from the medical community or the FDA. In this case, the manufacturer is not only liable, but can be found criminally negligent.

If you or someone you know has experienced adverse effects while taking Avandia, you can report them to Glaxo-Smith-Kline at 1-888-825-5249 or the FDA at 1-800-FDA-1088. The Consumer Complaint Coordinator for prescription drugs in Montana -- 800-353-3965.

Dying for a Swim – Pool Tragedies

2010-06-24T14:11:00.000-07:00

Summer in Montana gets us out in the sun and anxious to cool off in the many private, public and semi-public pools. (Highs in Billings, Montana hover around a hundred degrees in June!) Unfortunately, along with the summer fun there will be an appreciable number of accidents and injuries – many due to improper maintenance or negligence of the swimming facility.

Responsibility for harm

Commercial and public pool owners have a responsibility to keep their facilities up to standards. A hotel or motel pool is a money-maker for the business. The operators have a duty to look after their patrons and provide a safe environment. If they are negligent, in whole or part, a lawsuit is the likely remedy. A number of cases handled by Billings law firms every year are preventable, but it is too late after a personal injury attorney becomes involved.

Common causes or contributions to injury:

Improper surfaces for walking – either because they are not well maintained and slippery, or because of obstructions that might cause a fall.
Lack of proper supervision – lifeguards that are properly trained are often required and supervisory personnel have to be able to manage risky behaviors as they occur.
Poor water quality – too high chlorine levels can cause skin and eye problems; levels that are too low can mean infections or disease transmission.
Manufacturing problems – water in pools must be circulated through approved outflow fittings that do not catch fingers, bathing suits or long hair. The slope from the shallow end of the pool toward the deep end must be within regulated limits. Diving boards, slides and ladders must meet approved standards.
Maintenance issues – even the best equipment must be kept in proper shape; lights may burn out and cause visibility problems, loose cement or steps that need repair are dangerous.

Any business or government entity that allows the public to use their swimming pool has to meet minimum standards for upkeep and safety.

Tragic outcomes

One of the worst things that can happen, and a tragedy that seems to play out every year, is the death of child because of a swimming pool mishap. Owners and operators of swimming pools have a special duty when it comes to children and a wrongful death might be the result. The law obligates a layered protection when it comes to children. While the primary caregiver is the first line of defense, society at large is responsible to protect children from any foreseen harm.

Another layer of protection is securing a pool area against entry when there isn’t proper supervision available. Codes require a fence or locked door to keep inquisitive children out. Pool covers have to be designed so that a child will not slip under them and drown. Drains and outflows have to have grates that do not allow small fingers, hands or feet to get trapped.

Even manufacturers of pool related equipment have a duty to provide child-safe products. Water wings, flotation devices and toys meant for pool use can cause injury or death if they are improperly designed or come with misleading instructions.

With the summer heat, the draw of a cooling swim is undeniable, for children and adults alike. With care and consideration, an enjoyable time can be had by everyone. But if an accident or injury results from the negligence of the pool owners, do not hesitate to contact an attorney that specializes in personal injury claims. This is one of the ways we help keep pools safe for everyone who wants to use them.

Just When Your Thought It Was Safe To Walk

2010-06-08T11:40:00.000-07:00

According to official figures, approximately, 5,000 individuals face early death as a result of pedestrian accidents; while over 60,000 people are injured. Driver’s negligence is the most common reason for the high rates of pedestrian accidents.

Here are some of the other common reasons that lead to pedestrian accidents:

Running a stoplight or disregarding traffic control instructions.
Speeding
Careless driving, such as not paying attention to the road, talking on the phone or listening to music while driving.
Failing to observe pedestrian rights by not stopping at crosswalks or driving on pathways.

Such accidents often lead to severe injuries to the pedestrians. Children and the elderly are the most probable victims of pedestrian accidents. Injuries occur due to the force of the collision with a moving vehicle or when the victim hits other objects due to the impact of the collision.

However, there are cases when a pedestrian accident occurs at a place where there are no pathways. In such a situation, the accident may have been caused by the negligence of the driver or the pedestrian or both. Also, pedestrian accidents can result from bad weather conditions, poor roads or the fault of other motorists.

How to File a Liability Claim in Pedestrian Accident

If an individual meets with an accident that is entirely due to the fault of the driver, he can claim for just compensation. However, filing a personal injury compensation claim for pedestrian accident is a complicated task. For one thing, you have to prove the negligence of the driver. The case becomes even more complicated if the motorist is uninsured or runs away after hitting the victim. The best choice in such a situation is to enlist the services of an experienced pedestrian accident lawyer.

Ideally, an accident victim should follow these steps to simplify claim-filing procedure:

Try to collect all the evidence you can from the site immediately after the accident.
File a police complaint against the motorist. Ask for a copy of the report.
Undergo a comprehensive medical checkup to diagnose the injuries. Preserve the medical reports for future reference.
File a liability claim against the motorist as well as his insurance company.

Seeking the advice of an expert pedestrian accident attorney will not only simplify the legal process of filing a claim, the lawyer will also help you negotiate with the defending party. Hiring an expert lawyer becomes even more crucial if the victim has no major evidence related to the accident.

Get Compensated for Tylenol Recall 2010

2010-05-20T13:38:00.001-07:00

2010 has been a year of public disgrace for Johnson & Johnson, with its over-the-counter medicinal products being recalled twice due to production problems. Recently, on April 30, 2010, McNeil Consumer HealthCare, a drug manufacturing unit of Johnson & Johnson, recalled seven Tylenol, Motrin, Zyrtec and Benadryl batches. According to the company reports, McNeil is voluntarily recalling all the lots of these drugs, even those that are not expired, because they fail to meet the prescribed quality standards. One of the major reasons cited by the company is higher concentration of active ingredients in the medicines.

This is, of course, not the first time that a drug has been recalled. In most cases, a drug recall initiative is preceded by several consumer reports against the manufacturer. In the above mentioned case, there have been several media reports about health hazards due to Tylenol consumption. McNeil has initiated a public complaint redressal campaign following the recall. However, seeking just compensation through a corporate redressal system can be a daunting task.

How to Seek Compensation in a Drug Recall Case?

In case you have consumed a recalled drug, visit your regular physician to undergo a complete check up. If you have suffered any health-related problems due to the manufacturer’s fault, you can claim just compensation.

To this end, you will need to lodge a complaint with the recalled drug manufacturer. In the above mentioned case, McNeil has set up a dedicated phone line and email ID that individuals affected by Tylenol can use to file complaints. You can also notify the Food and Drug Administration (FDA) regarding negligence of the manufacturer.

In most cases, drug manufacturers take such issues seriously and respond to the customer complaints. However, if they do not respond or if you are not satisfied with their response, you have the option of taking legal recourse to seek compensation. This means that you will need to file a lawsuit in the court under consumer protection laws. The easiest way to go about this is to contact a drug recall law expert who can guide you through the procedure to file a lawsuit and help you receive the compensation you deserve.

About Solomon Neuhardt:

Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

How to Get Compensated for Food Poisoning

2010-05-14T12:36:00.000-07:00

According to the data available with the US National Institutes of Health, approximately 76 million cases of food poisoning are reported each year. This statistic might seem a bit remote if you are amongst the un-afflicted. However, if you have ever had the misfortune of falling prey to this illness, you might want to familiarize yourself with some of the facts given below.

Causes of Food Poisoning

food poisoning can occur due to several reasons; however, inadequately cooked food, improper storage, contaminated ingredients and unhygienic cooking conditions are the primary reasons. In most cases, food poisoning may cause severe headaches, chills, fever, diarrhea, vomiting, fatigue and stomach cramps. Usually, the victim recovers from the symptoms of food poisoning within a period of one or two days. However, in case of severe contamination, the patient will require hospitalization.

The treatment for food poisoning begins by testing the person’s blood, stool or vomit. Once the medical reports confirm the intake of contaminated food, the doctor provides proper medication to treat the infection. Rarely, diagnostic tests for food poisoning can conclude harmful diseases, such as Botulism and E.coli.

How to Claim for Compensation in a Food Poisoning Case

Food poisoning cases come under the purview of the Food and Drug Administration (FDA) in the US. A person who has suffered from food poisoning can file a personal injury lawsuit to seek valid compensation. The lawsuit can also be filled by a family member, friends or associates, in the event of the patient’s death due to food poisoning.

To file a personal injury claim, medical reports that prove the food poisoning incident are the most crucial evidence. However, the biggest challenge is to identify and provide evidence against the company or food vendor who had sold the contaminated product(s).
General evidence includes:

Payment receipts
Order records
Packaging
Left-over of the food product, if any

Many times, even health insurance companies refuse to compensate for food poisoning cases, which they consider an exclusion. In such a situation, the victim can file a lawsuit against both the food vendor/company and the insurance company.

Consulting a legal expert with experience in handling food poisoning cases is certainly of great help. An experienced solicitor will guide you through the standard procedure to initiate a claim and also help in collecting the relevant evidence necessary to receive just compensation.

About Solomon Neuhardt:

How to Handle a Car Insurance Claim Denial

2010-04-14T18:10:00.001-07:00

To ensure high profits, insurance companies tend to take advantage of the insured person’s lack of knowledge regarding policy cover. Many a times, insurance companies deny your car insurance claim on false grounds or on omission of salient information. In such a situation, you can take legal recourse to claim insurance benefits mentioned in your policy disclosure agreement.

How to Handle a Car Insurance Claim Denial

For every insurance claim, there is an adjuster who investigates the grounds against which a claim is filed. In case of a denied claim, the adjuster files a written report citing effective reasons for the denial by the insurance company. A copy of this report is sent to you as well. What should you do on receiving a copy of a denial claim report?

Step 1: Your first step should be to read the report carefully and understand the reasons cited for denying the insurance claim. Now, compare the mentioned reasons with your policy disclosure agreement. Are the reasons in the denial report included in their original form in the policy document?

There are times when the insured person is unaware of the exclusions mentioned in the policy document and fills the claim on grounds that are not included in the policy cover. In such a case, the stand of the insurance company holds valid.

Step 2: If the reasons for denial are not mentioned in the policy document or if you think that you have a just reason against the denial, then lodge an appeal with the auto insurer for negotiations. During the negotiation phase, the insurance company invites you for a resolution. In the meeting, the insurance company’s representative cites reasons for denying of your claim.

Step 3: If you are not convinced with the negotiations of the insurance company, you hold the right to file for arbitration with the State Insurance Commission. This stage involves a third party, who will negotiate the terms between the insurance company and the insured.

Step 4: However, if you feel cheated even after going through all these steps, you can take legal recourse by lodging a suit against the insurance company with the State Insurance Commission.

Making the insurance company pay for your claim after a denial is a daunting task. However, if you have just reason and if you follow the above mentioned steps, no insurance company can refuse a valid claim. Having proper documentation and professional guidance is essential to pursuing the case against an insurance company. To this end, you should hire professional legal services for assistance.

About Solomon Neuhardt:

Cheerleading Injuries

2009-11-11T01:37:00.000-08:00

Cheerleading is no longer about dancing and moving pom-poms in the air. Today, cheerleaders are required to have gymnastic and athletic skills that involve tumbling and stunts, doing double flips and making human pyramids. These developments have made cheerleading a dangerous sport and injuries (sometimes very serious) have become commonplace.

Cheerleading Injuries: What the Statistics Say

Here are some statistics around cheerleading related injuries:
• According to a US Consumer Product Safety Commission report, in 2008 alone there were more than 30,000 emergency room visits related to cheerleading injuries. The Commission said that cheerleading injuries had quadrupled between 1982 and 2008.
• In the US, cheerleading injuries consist of around 66% of all major sport injuries among high school and college students.
• A study conducted by the National Center for Catastrophic Sports Injury indicates that during 1984-2009 half of the catastrophic injuries in the country were due to cheerleading, including three deaths.

While most people seek the services of Montana lawyers when there are car accidents or because of medical malpractice, we usually do not do the same for cheerleading injuries. One must consult a Billings, MT attorney in case of cheerleading injury or death.

Cheerleading Related Injuries

The most common cheerleading injuries are:
• Ankle sprains
• Back injuries
• Head injuries (including concussions)
• Broken arms
• Knee injuries
• Torn tendons
• Elbow injuries
• Soft tissue injuries
• Fractures/dislocations
• Lacerations/avulsions

Mostly disabilities and deaths are caused by head and spine injuries. The lack of amenities, novice coaches and an expounded rate of stunts are usually the causes of these injuries.

Preventing Cheerleading Related Injuries

While you may feel proud of your child performing risky routines, there are some safety measures that are essential to prevent serious injuries. As a parent, you could check out:

• The place where your child is performing
• The coach's experience, including the kind of athletes the coach has worked with and whether he/she has gymnastic stunt work experience
• What stunts will be performed in the cheerleading routine
• The cheerleading team that your child is a member of
• Who is supervising the performance

Proper safety checks should be conducted and safety and emergency training should be given to the cheerleaders, coaches, trainers and parents.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

What is Medical Malpractice?

2009-10-18T23:10:00.001-07:00

Medical Malpractice is Increasing In the US

Instances of death and long-term injury are growing in America, getting close to being declared as a serious national problem. A study conducted by the Institute of Medicine of the National Academy of Sciences estimated that roughly 98,000 patients may be killed every year across the US as a result of medical errors.

What Is Medical Malpractice?

Broadly speaking, drifting away intentionally or carelessly from the accepted standards of medical care by a healthcare provider that causes harm to a patient is called medical malpractice. Medical malpractice can be the lack of treatment or improper treatment, misdiagnosis, an intentional delay in treatment, failure to perform correct follow-ups and errors in prescription.

You have a legal and civil right to claim compensation if you are suffering due to medical malpractice. Medical bills are immense and you deserve the appropriate treatment. If you are suffering because someone made a mistake or erred in a medical diagnosis, you should be compensated appropriately. However, to get what is due to you, you need a qualified and experienced attorney. Such expert help will increase your chances of receiving your claim. This will not only benefit you individually, but will also raise awareness of medical malpractices and encourage medical practitioners to take the utmost care.

Solomon Neuhardt of Neuhardt Law Firm, P.C. is an outstanding Montana medical malpractice attorney. If you are in need of assistance, please feel free to request a free consultation.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Dog Bites are Personal Injury

2009-10-14T02:20:00.000-07:00

Dogs are considered man’s best friend. However, some dogs are unpredictable, can become aggressive and bite you for no apparent reason. Almost five million people suffer because of dog bites every year in the US. Many of these are due to the negligence of dog owners. Fortunately, a dog bite is regarded as personal injury as per the law in various states and is a liability for the owner. If you have been bitten, you should contact a Montana personal injury attorney.

What Immediate Actions to Take in Case of a Dog Bite
An important fact about dog bites is that it is not limited to permanent disfigurement or injury. It can also lead to emotional trauma.
Immediate Actions:
• If the dog’s mouth is foaming, it is probably suffering from rabies. See a physician at the earliest.
• If possible, try to know the breed of the dog. It helps the physician assess the extent of the injury.
• Don’t quarrel with the dog’s owner.
• Report the incident to the police.
• Contact a personal injury attorney.

What You Should Know to Get Compensation for Hospital Bills
If you want to file a lawsuit against the dog owner, ensure that you have his/her contact information. It is important to know if the owner was aware of the aggressive behavior of the dog (or its breed). You should also enquire if the dog was given the required immunization on time. In case the owner incited the dog deliberately to scare you, you have a 100% chance of recouping the hospital bills by filing a lawsuit. A dog can also harm or injure you with its claws, in which case you have the right to recover damages.

Lawsuits against Dog Owners
It is depressing to know that of all the dog bite cases across the country, only one out of three have been reported. All states have laws governing dog attacks. However, there is some difference in the laws of the various states. What is common is that all these laws identify the dog owner to be liable for the injury. Most laws have been designed in a manner that the dog owner has limited defense in case of negligence.

So, if you have been bitten by a dog, or someone you know has suffered this trauma, the best thing to do is to contact a lawyer. A dog bite lawyer will ensure that you receive the maximum in damages. Solomon Neuhardt is a top-notch Montana Personal Injury attorney. Contact him for a free consultation today.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Mass Transit Accidents and Their Causes

2009-08-17T21:43:00.000-07:00

Mass Transit Accidents and Their Causes

Traveling via public transportion is definitely safer than a car, but accidents or death due to someone else’s negligence can never be totally avoided. Public transportation includes vehicle services that transport customers on local and regional routes.

Public and Mass Transit Vehicles

The number of unlinked trips using public transport in 2007 stood at 10.3 billion, with 58.5% trips being via bus, 29.3% by heavy rail and 12.2% by others. Around 14 million Americans ride the public transport everyday and 34 million trips are made each weekday in the US.

Vehicles that fall under the mass transit category are:

* Buses
* L-train
* Mono Rails
* Amtrak
* Cable cars
* Airlines
* Ferries
* Street Cars
* Railroads
* Trolleybuses
* Planes
* Taxi cabs
* Shuttles
* Limousine services
* Elevators
* Vanpools
* Escalators

Accidents can happen in several ways but serious accidents involving the mass transit system usually happen due to carelessness or speeding. Here is a quick look at accidents and their possible causes:

Bus accidents

* Defective condition on the stairs of a bus.
* Accidents due to overcrowding.
* Bus driven in a negligent manner.
* Faulty tires.
* Injuries caused by sudden jerks or stops of a bus.
* There are occasions where the bus has a pertinent manufacturing defect that leads to a fatal accident. The person responsible for the defect can be the designer, manufacturer, engineer or the distributor.

Ferry accidents:

* These often happen when the ferry loses power and ultimately hits the dock, hurting the passengers.
* Due to a defective product or negligence.

Subway Accidents

* Turnstile defect can cause an accident
* In a situation where a passenger gets stuck between the closing subway car doors or is caught in the doorway of a moving train
* Imperfections in the tracks - large space between the subway platform edge and the door of the train
* Low or no lighting – potential danger looms due to poor lighting, especially in the spaces between the platform and the incoming train.
* Ill maintained stairways
* Faulty Brakes
* Operational errors

Plane Crash

* Faulty seat belt
* Speed sensors
* Faulty altimeter
* Defective tires
* Negligence of airport staff

If anyone close to you has been involved in an accident that has led to serious injury or wrongful death, immediately contact an experienced attorney to defend your case and get justice. Cases against the public transit authorities normally take time. It is advisable to carry the necessary documents needed for your defense.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Helmets can save life

2009-08-11T09:19:00.000-07:00

Cyclists in Montana are probably the most ‘liberated’ people in the US, since the state of Montana does not have a helmet law in place. People need to, however, understand the difference between “freedom of choice” and safety. Wearing proper headgear can often make a difference between life and death. A helmet that costs less than $50 generates $570 worth of indirect benefits to the society, which includes medical costs caused by bike-related head injuries, future earnings and other tangible resources.

Bicycle Accidents – Some Facts

Cyclists are recommended to wear safety helmets at all times. There are around 73-85 million bicycle riders in the US.  Around 1,300 deaths per year occur in the US due to bicycle related accidents, and head injuries account for over 60% of the bicycle related deaths. Here are some facts about bicycle accidents:

·        Each year, 196 children less than the age of 15 die from bicycle-related injuries.

Over 90 percent cyclists meet with fatal accidents on US roads
Most of the victims are male and without protective gear
Riders without a helmet are 14 times more susceptible than a helmeted rider.
Helmets can protect head injuries affecting your brain, estimated at anywhere around 45 to 88 percent of the times.
Bicycle helmets offer substantial protection to the forehead and midface.
Non-helmeted cyclist injuries costs around $81 million each year in medical expenses, whereas indirect expenses add up to $2.3 billion.
About 75 percent of bicycle-related deadly accidents can be prevented among children with helmet use.
Most of the accidents happen to boys.
Falls are the cause of over 90 per cent of the accidents
The head is hit in 38 percent of the accidents.
If 85 percent of all child cyclists wear helmets for one year, the lifetime medical cost savings can be anywhere between $197 to $256 million
Every bicycle helmet saves health insurers $57 and auto insurers $17.
One third of the bicycle victims have high alcohol levels.

There can be no argument that safety helmets can be highly effective in preventing head related injuries, thereby minimizing health costs and, above all, saving lives. However, faulty helmet cases are also reported these days. If someone close to you has suffered brain damage or injury on the road due to someone else’s negligence, immediately contact a personal injury lawyer. The victim is entitled to monetary compensation against physical injury and emotional pain.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Back Injured in a Car Crash?

2009-07-14T00:06:00.000-07:00

Whiplash is among the most common types of back injuries caused by car accidents. Whiplash-associated disorders (WAD) are a range of injuries to the neck and back caused by a sudden jerking movement of the head. There are more than one million car accident back injuries reported every year. About 10% of such injuries lead to long-term disability.

What are the Causes of Whiplash Injury?

Whiplash injuries are mostly caused by a sudden and violent impact on the neck and/or the head. Such injuries are most common in rear-end collisions. The unexpected impact may cause the victim’s head to jerk forward and then backward. Ligaments in the neck area can stretch and even tear by the sudden movement. The victim may suffer major damage along the spine. Chances of injury are high if the neck muscles are relaxed, irrespective of whether the vehicle was moving fast or slow.

Whiplash Injury: What Damage can it Cause?

A whiplash injury can cause serious damage to:

Joints
Discs
Muscles
Nerves
Ligaments
Spinal cord

What are the Symptoms of Whiplash Injury?

Whiplash injury and its after effects may not be seen immediately. However, the early symptoms may be:

Pain or stiffness in the neck and back
Aching shoulders
Sensory disturbance to the arms and legs
Recurrent headaches
Pain in spinal areas
Back sprain
Nighttime muscle spasms
Sexual disorder
Loss of bladder control
Soreness of muscles
Bowel dysfunction

What Should a Victim do?

Immediately after an accident, one should:

Apply ice – Ice therapy involves wrapped ice in a towel and pressing it gently against the impacted area for about 20 minutes.
Find a well informed and specialist lawyer - Compensation can vary between $50 and $500,000.
Consult a good doctor – Do not compromise on the medical help you seek. The doctor may recommend stretching exercises.

A victim may take weeks, months or even years to recover, depending upon the extent of damage. If the accident was caused by another party, one should not delay in consulting a back injury lawyer who can help with claiming compensation. Liable parties may be asked to compensate for medical expenses, the loss of income and/or earning potential and mental suffering.

Labels: Whiplash injuries,back injury lawyer,Whiplash,car accidents,Whiplash-associated disorders

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Freak accident: How Should One Handle It?

2009-07-09T00:28:00.001-07:00

Automobile accidents are almost becoming common today, with the number of accidents in the US increasing in leaps and bounds each year. Thousands die or are injured in car accidents each year and such accidents are certainly a cause for both civil and criminal liability for the driver.

Take the case of the freak accident on South Frontage Road, Billings, where three people were seriously injured. A small car collided with an SUV while heading west. The driver of the car, 18-year-old Jessica Umphrey, along with 19-year-old Matthew Nygard and an unnamed 8-year-old girl were rushed to the hospital. The accident happened when the car took a left hand turn near Zoo Drive and rammed into the oncoming vehicle, the driver of the SUV was unhurt.

What to do first?

So what should one do in such cases? Here are some steps to follow:

1. Write down the name, address and license number of the other driver involved in the accident.
2. Call the police.
3. Check your insurance policy status.
4. Gather documents/photographs of the scene.
5. Immediately get in touch with a car insurance lawyer.
6. Rush to the nearest hospital or get first aid.
7. Gather evidence in the form of medical reports.

Will I be compensated?

Accidents, regardless of whether they are big or small, and injuries, major or minor, you have the right to receive compensation. In a personal injury claim, the plaintiff will be compensated due to damage caused by the other party’s negligence. Claims can be filed against uninsured drivers, vehicle damage, medical expenses or injuries.

The case will be based on a circumstantial situation after examining the nature of the accident. For instance, whether the accident involved a roll over, side collision, rear end collision or a head-on collision needs to be ascertained.

A case can be presented to the insurance company, backed by ground evidence and substantial medical information to build the case. If caught driving without insurance, the fine can be up to $500 and/or 10 days in jail. Getting in touch with an attorney will make the claimant compensation process easier.

What does it cost?

The minimum auto insurance policy requirements for the state of Montana are as follows:

* $25,000 for bodily injury liability for each person
* $50,000 for bodily injury liability per accident
* $10,000 for property damage liability

Accidents and their after affects can be really stressful in terms of the financial and mental ordeal one goes through. Drive safe, but in case of an unfortunate event, an attorney’s help can accelerate your cleanup and repair process and also help you claim your rights.

Labels:Accident Cases in Montana,car insurance lawyer,personal injury claim,insurance policy requirements,compensation process

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Six people sent to hospital after two-vehicle crash.

2009-07-08T02:39:00.000-07:00

Date: June 29, 2009

Type: Car Accident

A woman driving a Suburban traveling east on I-90 drifted to the right side of the right lane, when she realized she was going off the road, she overcorrected and hit a car that was passing her. Both of the drivers lost control of their vehicles. The Suburban rolled into the median and the sedan crossed two lanes of traffic and ended up on the opposite side of the interstate. The people in the sedan were uninjured and there was only minor damage to their car.

The suburban was carrying 4 children and 2 women, all of which were sent to the hospital. All occupants of both vehicles were wearing their seatbelts.

Spiraling Medical Expenses and Evasive Insurance Companies

2009-07-07T02:30:00.000-07:00

Skyrocketing health costs and the ongoing economic slump have impacted the common man, particularly in dealing with unexpected situations like a chronic illness or an accident.

A 2009 study supported by the Robert Wood Johnson Foundation reveals that spiraling medical expenses are one of the major reasons for over 60 percent of most personal bankruptcy filings. This tragic truth is predicted to worsen further, as even top American economists forecast an increase in plant closures, salary cuts and layoffs during this period of recession.

Medical Care and Cost

Healthcare, as we all know, is very expensive and if you are not insured, then a serious illness or an injury can cost you close to a staggering sum of $27,000 (in average). This further includes uncovered or out-of-pocket medical expenses such as:

* Prescription medication
* Deductibles
* Uncovered payments
* Co- payments

An unfortunate fact of life is that some insurers may not follow good faith when evaluating claims of those who are struggling with a serious illness or an injury. There are insurance companies that choose to delay, deny or evade compensation simply to protect bottom lines. They may choose to refuse coverage for essential medical testing or treatments.

In such situations, it becomes vital to seek an attorney’s help to safeguard the claimant’s rights and interests.

Possible Tactics

Some tactics that an insurance company can do or are already doing:

* Deny claims or reimbursement
* Refuse coverage for compulsory medical testing and/or treatments
* Offer alternatives like cheap coverage and less-effective formulas
* Encourage patients to delay their medical treatment
* Elude paying additional damages such as lost wages, pain and suffering compensation

Legal Solutions

Highly knowledgeable, experienced lawyers would be able to accomplish the following:

* Formulate the right strategies to deal with evasive insurance companies.
* Represent you legally and speed up legal procedures to ensure that you get justice.
* Re-invigorate the insurance company’s responses towards legitimate claims filed by patients or victims of accidents.

Numerous insurance companies make up unbelievable stories to deny medical claims or refuse coverage. Prove your case by consulting with a well known attorney who has a proven track record in such cases. Protect yourself at once from being victimized or wrongly denied your rights by a few unscrupulous insurance companies.

Labels: Medical Malpractices, spiraling medical expenses, personal bankruptcy, uncovered payments, deny compensation

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Tricks from your insurance company

2009-07-03T02:40:00.000-07:00

Tricks from your insurance company

1. Tricks from your insurance company include telling the insured driver to go through the insurance company of the other driver, since they were the one that was at fault. This is false, and insurance companies are obliged to give you the service to appraise and provide insurance for your vehicle. Though you may have to pay a deductible to get your car fixed through your insurance, you will often get it fixed much more quickly through your insurance.
2. The insurance company of the driver that is not at fault will often enter into agreements with the other insurance company to get reimbursement for paying your medical bills, often at the complete disregard of the insured.
3. Another popular trick involves secret surveillance or detective-work on you to get information to use at settlement; this includes talking to neighbors and co-employees.
4. Your insurance company also might resort to using social networking sites, like YouTube.com and Facebook.com, to gain information about your activities.
5. They might also fail to give the correct information to the insured, making it difficult for you to pursue fair settlement offers.

In the case that a driver has only $100,000 in insurance, a number considered on the low end, but if the case is worth more than that, the insurance company will make a low-ball offer that will inevitably be rejected. This offer will allow the jury to return a much lower settlement that should be necessary for the driver to reclaim all of their losses.

Labels:Insurance company tricks, Insurance adjustor, accident claim, vehicle insurance, accident attorney

Contaminated Blood Transfusions and Personal Injury Claims

2009-07-02T02:10:00.000-07:00

Blood transfusions can be life-saving when executed responsibly. On the other hand, contaminated blood transfusions can be fatal, as one might get infected with diseases like AIDS, Hepatitis (B and C) or hemophilia. If you have received infected blood, you are eligible for filing a claim for personal injury. The most common cause of death from infected blood is a condition called Acute Hemolytic Transfusion Reaction (HTRs or AHTRs).
Every year about 11 million units of red blood cells are transfused into around 3 million patients in the US alone. This is why strict standards are maintained for the monitoring and administering of blood. Transfusion depends on the doctor and not on the patient. Therefore, blood transfusions should be thoroughly checked and tested for various infectious agents. The fact is that even going by tougher blood donation standards and screening processes, contaminated blood transfusion mishaps continue to occur.

One of the studies published in the New England Journal of Medicine revealed that two-thirds of the transfusions are not administered properly. In such a case, your legal rights should be protected. If you happen to develop a serious infectious disease after receiving a blood transfusion, your attorney must know how to help you.

Who is expected to provide evidence?

* Patients
* Dependants
* Bereaved families
* Medical / scientific community
* The government
* Legal representatives

What are the causes of contaminated blood transfusion?

* Inability to identify signs and symptoms after transfusion
* Cross-matching of multiple samples simultaneously
* Insufficient orientation or training to hospital staff members
* Storing of blood for multiple surgical patients in a common refrigerator
* Lack of communication among caregivers
* Errors like patient identification, sample label or even blood label
* Inadequate patient blood transfusion certificate
* Unethical policies such as patient dumping and discrimination
* Lab errors, surgical errors, negligence and unsanitary conditions

In any of the event where a serious injury or death occurs due to blood transfusion errors, the institution comprising of doctors, nurses and other medical care unit members should be held responsible.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Your Claim: A War that Can Be Won

2009-06-29T00:51:00.000-07:00

How to Win Your Case

Many may think that just because you were injured in an accident, you are entitled to money in your claim, but this is not the case. Not only must you have been injured, but it had to have been caused by carelessness or negligence. This must be a condition, you must sue the right person, and you must do it in the right time frame.

Knowing whether you need an attorney

A key piece of knowledge in handling an accident claim case is knowing in which circumstance you will need an attorney. While not all cases dictate that lawyers are necessary, many do. Cases with little property damage and minor injuries, for example, are not even accepted by our firm. In these cases, the money obtained from the small claims will not match the fees charged for our services, and so we will be wasting your money. This would be unfair to any client. However, in this case, we do offer consulting services for a small fee for those wishing to pursue the claims case themselves. Your decision, combined with our services, can save you thousands and win your case.

Before you consider your ability to hire an attorney, know that insurance companies tend to hand higher payments to claims that are represented by an attorney.

A 1999 insurance study proved this fact. The non-profit Insurance Research Council conducted the study on leading casualty and property insurance companies across the entire United States. The findings were startling: those who enlisted the services of an attorney in accident claim proceedings received payments of up to 3.5 times more than those who represented themselves.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

What is an Accident Case?

2009-06-29T00:46:00.000-07:00

First things first, you may be wondering, what is an accident case?

While many lawyers handle “accident cases” or “wrongful death cases,” many more citizens do not know exactly what these cases are.

Accident cases are cases involving car accidents, trucking accidents, motorcycle accidents, or wrongful death cases in which a person has been killed or injured due to another person’s neglect or carelessness. When you suffer injury it is a personal accident case; when you car suffers damage it is a property damage claim. Often property damage claims will be handled by either your insurance company or the insurance company of another driver.

The term “wrongful death claim” signifies a situation in which negligence causes the death of another. Though laws differ between states and jurisdictions, understanding the specialized laws of your particular area is essential.

For MOre Information Please Visit our site :mtaccidentattorney.com

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Tricks from your insurance company

2009-06-28T21:58:00.000-07:00

Pedestrian Accidents and Personal Injury Claims

2009-06-24T05:50:00.002-07:00

Numerous roads have crosswalks or stop signs which indicate that pedestrians have the right of way. Still, it is found that children and elderly citizens are highly prone to accidents at these very spots. This is now termed as pedestrian accidents or crosswalk accidents.

Essential Facts about Pedestrian Accidents

Common places where pedestrian accidents take place are:

Parking lots
Driveways
Crosswalks
Sidewalks
Public walkways

Common causes of pedestrian accidents are:

Driver who exceeds the speed limit
Driver talking on a cell phone
Defective walkway or sidewalk
Driver failing to stop promptly to let pedestrians cross
Driver under the influence of alcohol or drugs
Speeding police
Chaotic traffic
Poor visibility
Panicked speeding by emergency vehicles such as an ambulance
Malfunctioning of the vehicle’s equipment such as loss of steering control

A majority of pedestrian accidents result in serious injuries such as:

Spinal cord injuries
Head injuries
Brain injuries
Fractures

Pedestrian Accidents and Personal Injury Claims

Like most accidents, pedestrian accidents are also linked with negligence, traffic violations and unforeseen mishaps. Determining whose responsibility it is can be a most perplexing process that involves law and personal injury claims.

Responsibility weighs on drivers to:

Drive with care and precaution
Observe the safety of pedestrians who are crossing at intersections or walkways
Do everything in his/her reasonable power to avoid hitting the pedestrian

It is the responsibility of pedestrians to:

Be alert of oncoming traffic
Stay away from unkempt or visibly faulty premises and walkways
Make sure that children do not dart into oncoming traffic unexpectedly

If a pedestrian can prove that the accident took place due to somebody’s negligence, he/she is likely to recover damages.

Whether you are a pedestrian or a driver, note that personal injury claims are complex. By consulting with an experienced pedestrian accident attorney, you can protect any potential legal claims that you have.

Financial Compensation and Personal Injury Claims in Motorcycle Accidents

2009-06-24T05:50:00.001-07:00

Nearly one out of every five motorcycle crashes result in neck or head injuries. In just a few short seconds it is enough for a skilled motorcyclist to suffer a crash due to a negligent driver. Year after year, thousands of victims suffer the loss of a loved one due to the negligence of others.

Reasons

If you take a look at any newspapers that report motorcycle accidents or injuries, you are likely to see that following:

Drunk or aggressive driving
Speeding or risky turns
Negligence of the other auto/vehicle driver
Traffic jam or congestion
Violation of traffic laws
Motorcycle signaling error
Driver error

What’s disturbing is to note that most motorcycle accidents occur on short trips, but bike riders who wear helmets are three times more likely to emerge as survivors despite head or neck injuries. Otherwise, the damage to the head and neck can be quite extensive.

Wearing a helmet has its advantages because helmets save lives. However, a study involving 900 motorcycle accidents revealed that 40 percent of the riders wore helmets but that didn’t safeguard them from neck or head injuries. So, it may happen that wearing a helmet is a recommended safety measure but definitely not a full- proof one.

Financial Compensation

Motorcycle injuries are expensive and difficult to treat, which is why you require the best motorcycle injury lawyers. They are the experts you need to consult when confronted with motorcycle accidents.

Factors to consider include:

Some states follow the no-fault insurance laws so as to prevent frivolous suits
Motorcyclists, who obey the traffic laws, wear bright clothing, avoid speeding and keep on their headlights have a better chance of success in case of a personal injury claim.
The only way to establish your case is to have the best known personal injury lawyer with remarkable success and expertise in this field to represent you.

Keeping aside the fact that you want to win your case, a lawyer with expertise in motorcycle accidents will educate you about your legal rights better than anybody else.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

News Updates

2009-06-17T23:37:00.000-07:00

Man Dies in Motorcycle Accident. A 20-year-old man from Billings was killed when the motorcycle he was driving struck a minivan downtown.

36-year-old Man Drowns After Car Crash. J. Rodney Simmons was traveling along Hwy 83 near Big Fork when his vehicle went off the road. The vehicle he was driving rolled into Bond Creek off of Hwy 83. Simmons’ legs were pinned under the dashboard which caused him to drown. The accident went undiscovered until the next day.

Motorcyclist Injured in Rear-end Accident. Authorities say the motorcyclist was stopped at a stop sign after coming off of I-90 when an asphalt truck rear-ended the motorcycle. The man was wearing a helmet and was not seriously injured.

Man Crashes into Police Car. Gerald Lee Billington, 58 crashed his pick-up truck into a police car. Authorities say Billington was driving erratically on Montana Avenue in Helena before the crash happened. Authorities say that Billington seemed confused when they finally pulled him over. He later died at a hospital of unrelated medical problems. And inquest will probably be held because Billington was in police custody when he died.

Bozeman Woman Injured in Head-On Collision. A 22-year-old woman was sent to Bozeman Deaconess Hospital after she was involved in a head-on collision. According to authorities, a 73-year old man driving his truck westbound failed to yield to the woman while making a left hand turn and the woman who was heading eastbound collided with him. The woman was conscious and did not appear to be seriously injured.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

Accident Cases; Myths You Might Have Heard From Friends, Neighbours And Relatives

2009-06-03T03:50:00.001-07:00

Here I discuss certain Myths about Accident Injuries that you need to be aware of. Failure to educate yourself about these myths will put your injury case in difficulty and could cause you to lose all of your rights.

If you write the insurance company a letter and are reasonable, you will get a reasonable Settlement proposal.

When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give them a recorded statement or they won't settle with you.

All lawyers who advertise that they handle accident cases have the same ability, tools and experience to handle your case.

All lawyers charge the same fees in accident cases.

The court system is some sort of lottery that will help you get rich.

Just because there has been an accident and it wasn't your fault, there must be some insurance company that will pay for your bills, lost wages and injuries.

If a lawyer refers you to a doctor, that is a good idea.

Juries in Montana are generous.

There is a formula for determining settlement value.

If you want know more about the accident cases the Neuhardt law firm is only a phone call away. You can get a free consultation and get your questions answered

$2,505,000 verdict in motor vehicle collision.

2009-06-03T03:39:00.000-07:00

A jury found that Patrol Helicopters was negligent and caused the motor vehicle collision that killed Theresa Messick and Joan Bowman, and severely injured Thomas Messick. The driver, Darrell Bowman was found to not be the cause of the accident. Mr. Bowman testified that he was driving the speed limit of 70 mph. The jury awarded $330,000 to Thomas, $800,000 to Theresa's estate and $925,000 to Joan's estate and $450,000 for her survival claim.

Montana Trucking Company Reaches $1 Million Settlement With Injured Motorist

2009-06-03T02:55:00.000-07:00

A trucking company in Montana reached a $1 million settlement with a woman who was gravely injured in a collision involving one of the company's dump trucks. According to an article on Lawyers USA's website, the collision occurred on April 30, 2004 when Lucy Jones-Parker, 54, was driving with her 10-year-old girl, Arianna, sleeping in the front passenger seat.

The plaintiff's attorney said that two dump trucks operated by Dave's Trucking tried to cross an intersection and one of the trucks pulled out in front of Jones-Parker's van; she hit the truck's back axle. She was pinned against the steering wheel with her chin on the dash, unable to breathe until a passer-by helped disengage her. Her daughter suffered only secondary injuries. However, Jones-Parker suffered a fractured pelvis. She had to undergo multiple surgeries, in which she lost her job.

The trucking company claimed that their truck driver stopped at the intersections; however, plaintiff's attorney had eyewitness reports, which stated that the truck did not actually stop at the posted sign.

Plaintiff's attorney told the press that his client's life was "turned upside down" following the accident. He stated that the settlement will give her a much needed helping hand to get back on her feet again.

At Neuhardt Law Firm P.C, Billings, Montana, we've helped numerous clients get back on their feet after a terrible auto accident. Auto accidents are all too common in Montana, especially in Helena and Lewistown.

If you or a loved one has been the victim in an auto/truck accident, please give Neuhardt Law Firm a call so that we may help you get back on your feet again. We here at Neuhardt Law Firm will give you the guidance and help that you will need to get through this difficult time.

About Solomon Neuhardt:
Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

The Insurance Companies Will Stop at Nothing to Destroy Your Claim

2009-05-28T10:03:00.000-07:00

This story is almost unbelievable, yet Progressive Insurance Company once ADMITTED to these actions. It seems that the insurance company actually hired private detectives to JOIN A CHURCH in order to discredit a couple suing the insurer. Progressive Corp. Chief Executive Glenn Renwick later apologized for the use of private detectives. What the investigators and Progressive people did was wrong, period,” Renwick, head of the third-largest U.S. auto insurer, said in a statement. “I personally want to apologize to anyone who was affected by this. Apparently, the Progressive detectives worked their way in to and taped support group sessions. This conduct is outrageous but, unfortunately, not all that unusual. Victims of car accident cases must be very vigilant, because these companies will stop at nothing. Progressive has been sued on this matter and based upon the admission of its CEO, should expect to pay millions.

Meet this year’s 40 Under 40

2008-07-08T11:52:00.001-07:00

This year’s 40 Under 40 winners come from all walks of life. There are men, women, conservatives and liberals, devout Christians and those who follow more worldly pursuits like brewing their own beer. Some are proud of their country roots. Others sought out Billings to escape the rat race of the big city.

The honorees are business owners, key employees in large organizations, singles and working parents. Some have master’s degrees or other professional certifications. Others gained success through the school of hard knocks.

Our winners include musicians, craftsmen, intellectuals and innovators.

Some of this year’s winners are gifted in sales. Most understand how a business owner sometimes struggles just to make payroll. Many succeeded by taking risks.

Some of our winners are relatively new to the community. Others come from families that go back many generations.

You’ll also notice that hunters, fishermen, runners, cyclists, golfers and other outdoor enthusiasts are well represented among this year’s winners. There aren’t many couch potatoes in this bunch. Just about all said they appreciate Billings’ proximity to beautiful scenery and outdoor activities.

But one theme was almost universal among those who responded to our questionnaire. When asked what they like about Billings, just about everybody sounded like Goldilocks, declaring the Magic City “just the right size - not too big, not too small.”

Those comments speak volumes about the challenges facing Billings over the next few years. Most respondents said they’re pleased that Billings continues to grow and prosper. But they also hope to preserve the quality of life that comes with living in a city with a lot to offer.

“I really don’t enjoy staring at a bumper during a 45-minute commute to and from work,” said Seth Blades.

As a newcomer at Billings Business, this is my first experience in the annual 40 Under 40 competition. Not surprisingly, the toughest part of the project was deciding whom to pick from more than 130 nominees. The selection committee spent many hours reviewing and discussing the list of nominees. As in any similar contest, many successful folks weren’t selected. Fortunately, most of them have time on their side and just might get selected if they’re nominated again next year.

Thanks again to all of our 40 Under 40 winners, all of the nominees and the people who recommended them.