Skip to main content
Reeves D. Whalen

Reeves Whalen’s Answers

8 total

  • Tortious interference with a prospective business expectancy?

    A woman's attorney sent a letter accusing me that my communications with various employees at her workplace caused her to lose her job as an HR director. About twelve months ago I forwarded emails about her workplace affair to my friends and fa...

    Reeves’s Answer

    If the allegations are untrue, you may be subject to a defamation cause of action. You should consult an attorney in your jurisdiction.

    See question 
  • While trying to make a left turn on a double lane rd a driver comes from behind me and runs into my vehicle I got ticketed $166

    the officer wrote the accident report wrong stating that I cut into on coming traffic and I did not yield to on coming traffic right of way violation.The accident report was not given to me on the day of the incident,I went and got it at the polic...

    Reeves’s Answer

    The officer can often add a supplement to the police report. This is often done when the officers makes factual mistakes or fails to identity vehicle occupants involved in an accident. You should follow up with the officer.

    See question 
  • In a personal injury case, how do you divide the settlement among the hospitals, attorney and client?

    For instance, if the settlement amount from the 3rd party insurance company is $100. There are unpaid balances at 5 various hospitals who treated the client for the accident. (Each hospital has an unpaid balance of $50) Client owes more money to...

    Reeves’s Answer

    While your attorneys will negotiate these liens, make sure that your providers are aware that there is a third party liable for your injuries to ensure that all providers give notice of their liens and they are covered by settlement proceeds.

    See question 
  • If i have a permit and am driving by myself and get in an accident what would happen

    if i have a permit and am driving by myself and get in an accident what would happen

    Reeves’s Answer

    Your parents insurer is likely to deny the claim based on the fact that you are likely not a permissive user of the vehicle. However, this is generally not a strong hand particularly if you were authorized to use the vehicle in the past. That said, even if this argument is successful, there may be additional coverage available under another policy in the home or your parents potential homeowners coverage.

    See question 
  • I was diagnosed w/ a blighted ovum, a form of miscarriage with no fetus, I want to know if I have a case against OB or ER.

    After a normal appt where my OB (who doesn't do ultrasounds until 20 wks) claimed to have heard a fetal heartbeat I was spotting for days, my OB told me it was normal, not to worry. Once the bleeding picked up I went to an ER. After blood work, a ...

    Reeves’s Answer

    Depending on whether the hospital is a governmental entity, you may have to comply with providing notice pursuant to your state governmental immunity act. These requirements create a smaller window of time to appropriately advance your potential claim before becoming time barred. Therefore, you should consult with an attorney at your earliest convenience.

    See question 
  • Can I expect the at fault parties insurance to offer a settlement?

    I was involved in a collision on the freeway, 100% fault of the other driver. My truck was totalled, and I had severe whiplash, and am now being told I have a tight knot under my shoulder blade which could take 6+ weeks to heal, and if it does not...

    Reeves’s Answer

    While the defendants insurance company is accepting liability, they may still fight damages in your case. Moreover, they may not offer to provide the level of compensation that you think you're entitled because they disagree with a component of you noneconomic damages assessment. This could be the segment of recovery you're pursuing based on pain and suffering, emotional distress, quality of life, and permanent impairment.

    See question 
  • Do I need anything with me other than dr.'s names,dates,free med.Records when I START suit on behalf of my late Mom? If so,what?

    My sister and I don't communicate so I am independently going to sue (medical malpractice) on behalf of my Mom.d Do I need anything with me other than dr.'s names,dates,free med.Records when I START suit on behalf of my late Mom? If so,what?

    Reeves’s Answer

    It your mother is suffering from an infirmity or disability that inhibits her from making decisions regarding her financial matters or medical care, you should have yourself appointed guardian and conservator. Thereafter, you may prosecute her claims.

    See question 
  • Would I be entitled to compensation for slip and fall if I knew the restroom was mopped although there were no signs

    I slipped in a public restroom. Prior to entering the worker was in the process of completing mopping 2 restrooms and a large foyer. The restroom were mopped first. I entered the restroom, went into a stall and when coming out of the stall I sli...

    Reeves’s Answer

    The montana premise liability statute should direct you on understanding how this particular claim is framed. While the wet floor is a potential dangerous condition on the property and the owner has the obligation to protect invitees from harm posed by conditions that are under their control, this condition appears both open and obvious and you assumed a certain level of risk. This was a known danger that you confronted. However, that said, this was your only recourse toward exiting the bathroom. This is a tough case and the cards may be stacked against you in getting a recovery.

    See question