Bryan L. Spoon Esq.’s Answers

Bryan L. Spoon Esq.

Missoula Insurance Law Lawyer.

Contributor Level 6
  1. What is fair pain and suffering (consulting with lawyer next week)?

    Answered about 2 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 1 year 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...

    Selected as best answer

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

    Answered about 2 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

  4. 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 4 months 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

  5. Is it okay for a retail company to blackmail you(tell you that you have to quit) with fraternization, if it was "okayed" prior?

    Answered over 1 year ago.

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

    Absolutely not. Period.

    2 lawyers agreed with this answer

  6. Is it legal for my boss to withhold my tips two months after my last day of work?

    Answered over 1 year ago.

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

    As with pretty much all legal question, the best answer I can give you is "it depends." However, in general, you are supposed to be paid on your scheduled pay day following your final day of work. The applicable law states that "all the unpaid wages of the employee are due and payable on the next regular payday for the pay period during which the employee was separated from employment or 15 days from the date of separation from employment, whichever occurs first, either through the regular...

    1 lawyer agreed with this answer

  7. I am being blackmailed/ extorted by my intern at work. He wants money otherwise he going submit evidence i could get fired

    Answered 2 months ago.

    1. Bryan L. Spoon Esq.
    2. Solomon Neuhardt
    3. Timothy N. Baldwin
    3 lawyer answers

    Sometimes the best way to handle situations like this is to get out in front of them. I don't know what you've done in the past, but if there is a way to let your superiors know what you've done before your coworker has a chance to, it seems like you have disarmed him/her/them. But honestly, my advice to you (and it is completely non-judgmental) is to identify the underlying actions you may have committed and which may or many not result in disciplinary action or termination from your...

    1 person marked this answer as helpful

  8. My boss has been paying under the table, recording the wrong hrs & buying items from stores and reselling for 2-3x price. Legal?

    Answered 3 months ago.

    1. Solomon Neuhardt
    2. Bryan L. Spoon Esq.
    2 lawyer answers

    You should speak to an attorney. It is very difficult, if not impossible, to give good advice as a lawyer unless you have all of the relevant facts. There are a lot of intricacies in employment law and I encourage you to speak personally to a lawyer. Consultations are free with just about all attorneys, so feel free to call around. I wish you the best of luck, and feel free to call if you wish to discuss the matter further.

    1 person marked this answer as helpful

  9. Can my father press charges against his wife for getting credit cards and lines of credit in his name that he was not aware of?

    Answered over 2 years ago.

    1. Bryan L. Spoon Esq.
    2. Theodore Lyons Araujo
    3. Mitchell Paul Goldstein
    3 lawyer answers

    It depends on what you mean by "press charges." If you are referring to criminal charges, the answer is probably no. From what you have indicated, it seems they are still legally married. If she merely continues to use a credit card on which they are both listed as permissive users, there is nothing that he can do except de-list her as a permissive user. Similarly, if they are still legally married, there is nothing stopping her from using their joint finances to apply for credit cards....

    1 person marked this answer as helpful

  10. Video link

    Answered 3 months ago.

    1. Bryan L. Spoon Esq.
    2. Peter Eric Gollub
    2 lawyer answers

    I'm not totally sure I understand the question, but any attorney you select must be licensed to practice in the state where the lawsuit is filed. I'm sorry I can't be more specific, but if you elaborate, I might be able to give you a better answer.