Cok Kinzler: What is Considered a Personal Injury in Montana? - Cok Kinzler

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March 09,2021

What is Considered a Personal Injury in Montana?

Odds are you've likely seen billboards or television commercials for a personal injury lawyer, but have never found yourself needing to know more about what it is until now. If you've suddenly found yourself in a situation that has you asking questions about personal injury law, we're here to help. It may seem daunting, but learning about this type of law doesn't have to be complicated, and we believe it's possible to explain what personal injury law is without all the confusing jargon that leaves you more confused than when you started. In today's post, we'll take a look at what personal injury means, what types of personal injuries commonly occur, and what the process looks like to pursue legal action in a personal injury case.

What is a "Personal Injury?"

Personal injury occurs when an individual suffers an injury due to someone else's negligence. Personal injury laws exist to help that individual pursue legal action, often in the form of compensation, against the negligent party. The cause of an injury can range from accidents to defamation, to defective products, and more. It's important to note that personal injury laws can change from state to state and are not the same nationwide. While there are general guidelines that most states stick to regarding personal injury law, some factors may still vary.

What Types of Personal Injury Law Do You Practice?

At Cok Kinzler, we practice a variety of different types of personal injury law, serving as advocates for those who have been wrongfully harmed by the actions of others. We believe it's our duty to protect the safety of our community and have been advocates and experts for our clients in the following areas:

Car and Motorcycle Accidents

Vehicular accidents make up a large portion of personal injury law, and we've certainly seen our fair share of cases. When we represent those wrongfully injured in a car or motorcycle accident, it is our sole focus to ensure that the responsible party is held accountable.

Environment Pollution Contamination

When your property falls victim to environmental pollution outside of your control, the damages can be catastrophic. With so many in our state depending on their land to make a living, we know how important it is to preserve that land's integrity. Through personal injury law, we can hold responsible parties, such as power plants, oil companies, mining companies, and railroad corporations, responsible for any harm done to your property value, and see that value increase as soon as possible.

Gas or Propane Leaks

Many homes across the state of Montana are powered by either propane or gas, and sometimes can be subject to dangerous leaks. When this happens, your home can fill with gas or propane and lead to an explosion, sometimes causing grave injuries for the homeowner involved. Often, these leaks are the fault of the utility company or the propane company.

Insurance Disputes and Bad Faith

Montanans pay thousands in premiums each year with the understanding that when they need their insurance companies most, they'll be there to honor their agreement. Sometimes, however, insurance companies will wrongfully turn down a claim, landing the injured person with a hefty price tag (not to mention the premiums they've already been paying). When this happens, personal injury attorneys can help navigate the complex world of insurance to ensure they get what they are rightfully owed.

Medical Malpractice

Medical malpractice can cause personal injuries through emergency room errors, misdiagnosis, childbirth injuries, or surgical errors. These injuries can take both a physical and emotional toll on those affected because the people and institutions they were supposed to trust have wronged them.

Product Liability

Product Liability refers to a product that has been sold on the market which has a defect that results in some sort of injury to the user. As an injured user, you may be able to file a suit for compensation against the manufacturer or seller or that product.

Trucking Accident Injuries

When it comes to trucking accidents, the injuries that a person incurs are often life-changing, if not catastrophic. When someone is injured due to an accident with a commercial truck, they may be able to seek compensation from the driver, the company employing the driver, or potentially the manufacturer of the vehicle for this kind of personal injury.

Worksite & Oil Field Injuries

With the rise in oil production in Montana, worksite and oil field-related accidents result in more personal injuries. Often, these accidents aren't as simple as most standard worker's compensation cases, due to third-party involvement. Subcontractors, material men, and vendor involvement make for a more complicated case requiring special expertise.

Wrongful Death

Wrongful death is when a person is declared dead due to a personal injury at the fault of another party. In these cases, the deceased's estate may seek compensation for their loss in honor of their loved one. These are delicate cases that must be met with understanding and compassion first.

Whether you're dealing with a personal injury from a car accident, medical malpractice, wrongful death, or something else, we're here to support you throughout the process. Our firm understands the lasting implications each case carries for our clients. We'll approach your individual experience with the utmost care and diligence. If you're interested in learning more about how our expertise can help you, please contact us to set up a free consultation.