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Bryan L. Spoon Esq.

Bryan Spoon’s Answers

111 total


  • What can I do to get the treatment I need, I have been in pain for a long time now and they don't even want to give me meds

    I have had 2 back injuries the first one was a compound fracture of the L-4 . Got over that injury and had a fall out of a work truck on a different job bulging and compacting the L-4 disc . After 16 months of this pain . Six months earlier I aske...

    Bryan’s Answer

    Contact a workers' compensation attorney. At our office, we refer work comp matters to Ben Everett out of Anaconda. They do great work. http://everettlawpllc.com/

    I hope you get this resolved and I wish you the best of luck. By the way, Dr. Woods is an exceptional physician. Good choice on seeing him. His is universally respected in this community.

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  • Is this a civil rights case? can I file a civil rights suit against the company?

    I got married to a woman that i have been with for 20 years off and on . she is paralyzed now the home care service that she goes through is saying that if we are married I can take care of her but i wont be able to be compensated for it

    Bryan’s Answer

    While I can appreciate the fact attorneys from out of state wish to answer your question, I take a different view. MT is one of the few (perhaps only) states that recognize common law marriage. The first thing you should consider doing is executing an affidavit that says that you are her common law husband. The only requirement, as far as I'm aware, is that you or she had represented that you were married to another person or company. It is that simple. If you've ever told anyone she was your wife (as opposed to explaining to them your story), you can be considered married in the eyes of the law. Hopefully you have done this, because the only thing you would need (hopefully) is that affidavit (aka sworn statement signed in front of a notary) laying out the elements of common law marriage in this state, and submit that statement to the insurance company. Whether they try to figh you on it is another question, but you should then be entitled to any benefits any husband in the country is entitled to. Follow up if you have any questions. Good luck, and I'm truly sorry to hear about your wife.

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  • What can I do when a third party insurance company drastically lowballs me on a claim, delays me, bad faith, illegal practices?

    Got a lowball Auto Insurance Claim...Last Black Friday, it was icy outside and my parked car was rear-ended in front of my house. One major problem is I had previous existing damage on the otherside of car (which I never filed a claim as it was j...

    Bryan’s Answer

    First, I am NOT licensed to practice in your jurisdiction. However, you have a few options. First, you can try and hire an attorney. Might be difficult based on the reletively small amount of money in controversy. Second, and what I would suggest, is that you contact your state's Department of Insurance. You can file a claim with the department, and they will investigate and hopefully compel the insurance company to assume its legal and ethical obligations to you. This route costs you nothing (as far as I'm aware, though not sure in Nebraska), and often leads to resolution much faster than hiring an attorney. The downside is that if there has been bad faith in the handling of your claim, the department does not pursue that claim for you. Contact your state's DOI at: http://www.doi.nebraska.gov/

    Good luck!

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  • Do I have a case?

    I was working for blackwood industrial and my boss [Redacted] said to move my family out here to north dakota and it would not be a problem . So i did ! the only house I could find was in Culbertson, montana ... about 2 weeks after I moved he star...

    Bryan’s Answer

    It sounds like you have been constructively terminated. Constructive termination occurs when conditions of your employment have become such that no reasonable person should be subjected to them. I'm not sure if your boss is a Montana employer, but if he/she is, your termination must be for good cause. It is possible you have a wrongful termination suit against your employer if the corporation is located in Montana.

    If not, you may have a claim based on the equitable theory of detrimental reliance. Reliance is a concept that tries to make an unfair situation fair. It is a theory under which you may be compensated for detrimentally relying upon the promise of another. Reliance damages are awarded to someone who foreseeably relies upon the promise of another and are intended to put that individual (in this case you) in the position you would be in had your employer followed through with what he/she promised. In this case, it sounds as though you took action based upon the promises of your employer. That action ended up being to your detriment, as you are not reaping the benefits it sounds like you were promised.

    This is, of course, a very simple explanation of the concept of detrimental reliance. I would strongly suggest you contact an attorney in either Montana or North Dakota (depending on where the corporation is located) and discussing possible remedies you may have.

    I'm genuinely sorry to hear of your situation. I wish you the best.

    The second (and less , restitution is a theory under which you can recover from an individual who has been unjustly enriched

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  • Is it legal for the city to shut off water to tenants upon request of the landowner?

    The Landowner/Landlord called the city of Great Falls and told them he wanted to shut the water off, and mind you we are currently living on the premises. The city said that a landowner can request that the water be shut off regardless of tenants ...

    Bryan’s Answer

    You pose an interesting question, and like all answers in the legal world, it depends. We would need more facts to give you a good answer to your question. Have you requested the specific ordinance that the City is relying upon? They should be able to provide it if they are relying upon it.

    Ultimately, however, it is your landlord's duty to provide essential services. By telling the city to shut off the water to your building, your landlord has potentially unlawfully ousted you from the premises. MCA 70-24-411 states that "If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent."

    Your landlord has also likely breached the rental agreement as well ashis/her obligation to act in good faith. You have rights and several remedies under the Montana Residential Landlord Tenant Act, but you should definitely contact an attorney who specializes in this area to make sure you choose the remedy that benefits you the most. This is of course assuming you have not breached the rental agreement and are not trespassing on the landlord's premises.

    As for the city, I cannot give you a good answer to that question. Do you pay the water bill or is it included in the rent you pay your landlord? There is a possibility you could file suit against the city, but I would start by contacting a good landlord tenant attorney.

    I hope this helped and I wish you the best.

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  • Can I sue in civilccourt

    The storage unit took my belongings and I was in no violation of any kind can I sue in civil court in montana

    Bryan’s Answer

    Yes, under those facts you could file suit for conversion (theft) of your property. Depending on how much your things were worth, you could sue in small claims court or district court.

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  • Who would I speak to regarding landlord / tenant rights and discrimination?

    I've been living in an apt for the past ten months with my service dog. I provided a doctors note as requested by the property manager as proof, the manager decided he wanted to see a newer note ( the note i provided is not old, not that they expi...

    Bryan’s Answer

    I'm sorry to hear of your situation. First, your landlord is not permitted to charge you extra in order to permit you to have your service dog with you. See Mont. Code Ann. 49-4-214(2). Fortunately, this type of behavior is illegal under the Montana Human Rights Act. The body charged with enforcing the Human Rights laws is the Montana Human Rights Bureau. Take a look at their website: http://erd.dli.mt.gov/human-rights. On there, you can find info as well as file a complaint against your landlord. You do not need an attorney to go through this process, but if you have one, they may be entitled to collect their fees from the landlord if you prevail. Your complaint will be assigned an investigator who will look at any documents you have and speak to any witness to see whether illegal discrimination has occurred. If it has, you may then be entitled to financial compensation as well as affirmative relief (some sort of requirement that the landlord comply with that corrects his/her bad behavior). I hope this helps, and good luck.

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  • At fault driver’s insurance company has extended a settlement offer to me in writing. Can they retract this offer?

    At fault driver’s insurance company has extended a settlement offer to me in writing, along with a liability release agreement. The release agreement provided basically states the at- fault driver can turn around and sue me, and I cannot use the ...

    Bryan’s Answer

    You should definitely consult a local attorney. The two year deadline you talk about applies not only to the at fault driver, but to you. If you let that time limit pass without filing suit against the at fault driver and/or his insurer, the insurer will not pay you anything and rely upon the fact you allowed the statute of limitations to lapse.

    Talk to a lawyer and good luck.

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  • Am I responsible for the hospital lien or is the insured at fault driver insurance responsible to pay after settlement is signed

    The settlement has been signed and their is a hospital lien. I called and was informed that the at fault drivers insurance is responsible to pay the lien. But the insurance company State Farm has not paid. The adjuster told me that they would send...

    Bryan’s Answer

    I can explain at least this much: State Farm is notorious for having a business plan that puts profits over the interests of their insureds, or those of injured third parties. If the settlement you reached included a requirement that State Farm pay the lien, you should be okay. If State Farm continues to act badly, contact your state's department of insurance and file a complaint. Their website is: http://www.tdi.texas.gov/. They should be able to help resolve this. Good luck!

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  • I've been having issuses having my car fixed correctly with my insurance company.

    My car has been dropped off three times so far for repair. Addressing the same issues over and over again, when dropping off. I pick up the car an there is still issues with it and they are not addressed during pickup. The second time was surprisi...

    Bryan’s Answer

    If you are having trouble with your insurer, I recommend contacting your state's Department of Insurance. You can contact them by going to http://www.portal.state.pa.us/portal/server.pt/community/file_a_complaint/9258. If your insurer is denying you rights you have under your policy, the department of insurance can make them comply. Best part is, you won't need a lawyer! Hope this helps and good luck.

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