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Daniel J Flaherty

Daniel Flaherty’s Answers

99 total


  • Do I have grounds for a law suit against a High School?

    The Scenario: Called a "leadership camp" the Junior and Senior football players are told to come to a near by Catholic School gym (not the public high school they attend) for an overnight camp of some sort. Around midnight a few of the boys decide...

    Daniel’s Answer

    You have provided enough information that warrants a sit down with a lawyer. Please call or find another lawyer with personal injury experience.

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  • What is a settlement range for a car accident for back injury caused by negligence of this type of auto accident?

    On January 7th 2016 I was in an auto accident. I was rear ended by a drunk driver while at a stop light. The police cited the driver with a DUI. I went to the doctor and had an MRI which showed I had a bulged disc in my lower back. I have some ...

    Daniel’s Answer

    Bryan and Scott are absolutely right. The insurance company has a formula and tons of data they pull on to value a settlement. They don't maintain an expensive database and adjusters just so they can offer you top dollar the first time.

    Back injury settlements are tough. First, if you have health insurance, they may claim right to the settlement since it was a third party liability. If so, after settlement, you may need to help pay for the surgery - so plan ahead.

    Since it hasn't been too long, it is hard to know what kind of treatment (surgery, cortisone shots, or chiropractic care) you will be in for. If the settlement can't pay your meds, it is not a good settlement.

    I am guessing your med bills are approximately 7,000. Does the 16k include the car? If so, please see a lawyer about getting a fair settlement.

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  • Can he move without revising are parenting plan

    My ex husband is moving to another city with my daughter

    Daniel’s Answer

    Meri is right.

    Once notice is provided, the Court in Great Falls typically holds a hearing to determine the new schedule or if the child can move with the parent.

    These hearings are important and the judge will take the time to listen to the proposed plans and adopt a plan that is best for the child. Sometimes, that means one parent gets summers and holidays while the other gets the school year.

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  • If the neighbor won't give us an easement what do we do

    We have 519 acres of cattle pasture in Conrad mt, we are land locked and I can't find a easement , we have owned it for over 70 years. Never had problems with getting to it but now we are selling and the new owner needs an easement.

    Daniel’s Answer

    sounds like you require a prescriptive easement. A real estate lawyer can help you file for one.

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  • Landlord Fraud

    We know that we can sue our Landlord for shutting off the water supply and recover any damages associated with the water shut off, but obviously we would not get much from him and we would still be required to vacate the premises. My concern is...

    Daniel’s Answer

    This type of fraud isn't generally criminal. But the civil laws have a fraud component that allows for additional money damages. I am curious to why you think you cannot get anything from the landlord? He owns the rental, correct?

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  • What's the limit on personal injury award (against both PD and county) for being shot by police officer?

    Is there a limit on damages sought against a police department and county for a personal injury case (e.g., being accidentally shot by a police officer)?

    Daniel’s Answer

    Yes. Generally, each political subdivision (city and county) can only be sued for 750,000 a piece. There are exceptions, but they don't seem to apply to your facts.

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  • I was terminated from ups in sept.my story is long but with substance. i'm looking for legal counsul that has labor relations

    knowledge, and not afraid to stand up to a major company, and represent a client that has a case.

    Daniel’s Answer

    • Selected as best answer

    Please call if you need a consult. Without details, it is hard to go forward with an analysis, but it is best to discuss confidentially.

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  • What type of attorney do I need to sue a weed-sprayer?

    I live in a rural area where spraying noxious weeds is required by the county. The licensed weed-sprayer I hired to spray 12 acres killed more than 1/2 of my trees, all varieties. I filed a complaint with the USDA and a professional came out and t...

    Daniel’s Answer

    Any plaintiff attorney could do this, but one with toxic tort or property damage would be best. It may also turn into an insurance coverage fights, so one who does coverage litigation would be best.

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  • I believe my husband died because the doctor in the emergency room did not listen to me about what was happening with my husband

    I called 911 because my husband fell in the shower. His puples were very small I almost couldn't see them. He was turning purple. This was his second time with these symptoms the first time was in January the second time in April. He had his third...

    Daniel’s Answer

    I would need more information. I am sorry for your loss and hope you can find answers. Please call if you would like to discuss.

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