Bryan L. Spoon Esq.’s Answers

Bryan L. Spoon Esq.

Missoula Personal Injury Lawyer.

Contributor Level 9
  1. What is fair pain and suffering (consulting with lawyer next week)?

    Answered almost 3 years ago.

    1. Martin W. Judnich
    2. Bryan L. Spoon Esq.
    3. Cindy Bassett
    4. Randy William Ferguson
    5. Hadi Edward Ramsey
    6. ···
    6 lawyer answers

    First, accept NOTHING from the insurer without consulting an attorney. In fact, I would caution you not to speak with the insurer until you have consulted with a competent personal injury attorney. As far as damages go, often situations such as yours present complications and injuries more clearly as time progresses. I don't know how long it has been since the accident happened, but often spinal issues and soft tissue injuries are not clear immediately after an accident and only appear...

    8 lawyers agreed with this answer

  2. Can I legally fire an employee who has been written up twice and is now tampering with company property

    Answered over 2 years ago.

    1. Bryan L. Spoon Esq.
    2. Mark Alan Mackin
    2 lawyer answers

    Although I would need more information to fully address this question (and you should seek counsel in your area), based on this limited information the answer is probably yes. Montana is the only state that employers must have "good cause" to terminate non-probational employees. It sounds as though this individual has been working at your company for quite some time, so I will assume he is a regular employee and not probational. There are some general default terms provided by Montana law...

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  3. HOW DO I REPORT A DENTIST IN MONTANA FOR A MALPRACTICE.

    Answered 7 months ago.

    1. Bryan L. Spoon Esq.
    2. Daniel J Flaherty
    3. Christian K. Lassen II
    4. Elizabeth Taylor Herd
    4 lawyer answers

    You are able to do a couple of things. First, I would recommend you file a complaint with the Department of Labor and Industry Board of Dentistry. This link should give you information on that process: http://bsd.dli.mt.gov/license/bsd_boards/den_board/board_page.asp. Second, you can look into hiring a medical/dental malpractice attorney.

    5 lawyers agreed with this answer

  4. Drunk driver hit me, do I need a lawyer?

    Answered almost 3 years ago.

    1. Bryan L. Spoon Esq.
    2. Martin W. Judnich
    3. Paul Michael Veillon
    4. Lars A. Lundeen
    5. James C Forslund
    6. ···
    6 lawyer answers

    I'm very sorry to hear about your situation. The first question I would ask you is whether you have uninsured motorist protection. Your insurance agent will be able to tell you whether you have this coverage. This is your best chance of recovering anything for you and your passenger. Also, just because the drunk driver does not have insurance does not mean that you cannot recover damages against him. If he is wealthy or has any appreciable assets, you can simply sue him. Although you...

    5 lawyers agreed with this answer

  5. Hello I was riding my motorcycle with my wife on her scooter and an officer pulled us over and gave my wife and I a ticket

    Answered 11 months ago.

    1. Bryan L. Spoon Esq.
    2. Christian K. Lassen II
    3. Robert Bruce Kopelson
    4. Charles P. Ward
    4 lawyer answers

    This is more of a criminal law question, however, he needs "reasonable suspicion" that you have committed a crime (or are in the process of fleeing a crime scene) to initiate a traffic stop. If he had none, the stop (and any evidence obtained therefrom) is fruit of the poisonous tree. I don't do criminal law, but a criminal lawyer is someone you should consult. You may indeed be able to have this removed from your record.

    4 lawyers agreed with this answer

  6. Hello: I am not sure what category to place this in. This involves a contactor I hired for landscaping in my yard.

    Answered 14 days ago.

    1. Bryan L. Spoon Esq.
    2. Alberto Naranjo Jr.
    3. Sigismund J Wysolmerski
    3 lawyer answers

    First, I would recommend documenting everything. Don't just call them, that leaves no record. Send them a letter with your concerns and send it certified. If they don't respond, send another certified letter. Start making a file documenting your attempts to contact them and their failure to respond. This will help you immensely if you need to file a claim against them. It sounds as though you could likely file a complaint in small claims court pro se (without a lawyer). You serve it on...

    5 lawyers agreed with this answer

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  7. If you witnessed a car accident how can you get the insurance company to pay you for your statement?

    Answered 15 days ago.

    1. Jon Friedman
    2. Daragh John Carter
    3. John M. DeProspo
    4. Daniel David Horowitz III
    5. Bryan L. Spoon Esq.
    6. ···
    9 lawyer answers

    You can't and you should not try. Be a good member of society and try and find a time to give your statement to the insurance company.

    5 lawyers agreed with this answer

  8. A few days before a scheduled surgery at the local hospital, my neighbors 9 yr old son asked me if I'd had my surgery yet.

    Answered 4 months ago.

    1. Bryan L. Spoon Esq.
    2. Martin W. Judnich
    3. Marc S Berman
    3 lawyer answers

    No. The HIPAA statute specifically prohibits a private right of action (aka the ability to sue in a court of law for money damages). You should file a complaint with the federal government if you believe your privacy has been violated. Google search "HIPAA complaint" and you should be able to find the site. Best of luck to you.

    3 lawyers agreed with this answer

  9. I was in a motorcycle accident and the insurance only covers 100,000 medical what can i do if my medical bills are more?

    Answered over 1 year ago.

    1. Solomon Neuhardt
    2. Christian K. Lassen II
    3. Bryan L. Spoon Esq.
    4. Samuel Cohen
    4 lawyer answers

    There are a few things you can look into. First, since the at fault driver's insurance limits are lower than your medical expenses, you could sue the driver personally. Second, if you have med pay coverage on your policy, that should kick in as long as you show your insurer that your bills are equal to or exceed your med pay coverage. Then there is your under-insured motorist (UIM) coverage, if you purchased it, that would kick in. In addition, if you have more than one vehicle with UIM...

    3 lawyers agreed with this answer

  10. How do I get a case file with the evidence against me (recorded interviews) after case is over?

    Answered 7 days ago.

    1. Bryan L. Spoon Esq.
    2. Musa Munir Ghanayem
    2 lawyer answers

    You will need to file a motion in the court in which that action was adjudicated. You need to file a motion for dissemination of confidential criminal justice information. A lawyer can help you do this, but if you want to do it yourself, you could (with some research on forms, etc.). Call the DA for the county and ask if he/she opposes your motion. Note that in the document you submit with your motion, regardless of whether the DA opposes it or not, and specify exactly what information you...

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