Bliven Law Firm, P.C.

Blog

Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

CDC SAYS CANTELOPE DEATH TOLL REACHES 13

The CDC now says 13 deaths have been caused by the cantaloupe-carried infection. The death toll – which includes newly confirmed deaths in Kansas, Missouri, Nebraska, and two deaths in Texas – surpassed the total from the 2009 deadly salmonella outbreak from peanuts that killed nine.

Listeria illness, with symptoms including fever and muscle aches so severe that victims sometimes are incapacitated, has now sickened 72 people across 18 states, according to the CDC.

Officials say the death toll could soon reach 16, as they are investigating additional deaths in New Mexico, Kansas, and Wyoming.

The toll will probably grow in coming weeks because it can take 4 weeks for a Listeria infection to show symptoms, said the CDC’s Dr. Robert Tauxe, deputy director of the division of foodborne, waterborne and environmental diseases.

For more information, click here

If you or someone you know, has suffered serious illness or worse, as a result of poisoned cantalope, please call the law offices of Bliven Law Firm, P.C. For 25 years, our Montana based personal injury firm has helped food poisoning victims recover damages they are legally entitled to.

M & P FOOD PRODUCTIONS, LTD. RECALLS SEVERAL VARIETIES OF VARENIKI/ DUMPLINGS

Semtember 23, 2011 – M & P Food Productions, LTD. of Brooklyn, NY is recalling several varieties ofVareniki/Dumplings because it was discovered that the products contain undeclared Milk and Wheat, therefore posing a potential health hazard. People who have an allergy or severe sensitivity to these allergens run the risk of illness or serious or potentially fatal allergic reaction if they consume these products.

The ingredients statement of the products did not declare the presence of milk or wheat. As a result, we are recalling all of the products listed below with “BEST BEFORE SEP 19 2011″ through “BEST BEFORE MAR 19 2012” from the market:

  • Bapehuku Dupling brand Vareniki cabbage, NET WT. 14 oz., UPC 7 07163 02619 8;
  • Bapehuku Dupling brand Vareniki potato & onion, NET WT. 14 oz., UPC 7 0 7163 02616 7;
  • Bapehuku Dupling brand Vareniki potato & mushroom, NET WT. 14 oz., UPC 7 07163 02617 4;
  • Bapehuku Dupling brand Vareniki farmer cheese, NET WT. 14 oz., UPC 7 0716 302618 1;
  • Bapehuku Dupling brand Vareniki sour cherry, NET WT. 14 oz., UPC 7 07163 02615 0.

The products were distributed to retail stores in New York, Connecticut, Massachusetts, Ohio, Pennsylvania, Florida, New Jersey, North Carolina, and South Carolina.

For more information click here

If you or someone you know has become ill or sick as a result of consuming Vareniki Dumplings or other food products, contact the attorneys of Bliven Law Firm, P.C. for a free case evaluation.

RICH PRODUCTS CORPORATION RECALLS SEAPAK BREADED BUTTERFLY SHRIMP

Rich Products Corporation is voluntarily recalling SeaPak Breaded Butterfly Shrimp – Ready to Fry, Net Wt. 22 oz., Product Code 10302, because the product contains an undeclared milk ingredient (whey) in the coating of the shrimp (less than 0.1%). People who have an allergy or severe sensitivity to milk run the risk of an allergic reaction if they consume this product.

For more information click here

If you have become ill as a result of consuming SeaPak Breadeud Butterfly Shrimp, please contact the law offices of Bliven Law Firm, P.C. for a free case evaluation as you may be entitled to legal compensation.

STEVENSVILLE MAN ARRESTED FOR FELONY DUI AFTER CRASHING HIS CAR

A Stevensville man was charged with felony drunken driving and a host of misdemeanor charges Friday after crashing his truck three miles south of town at the Logan Lane curve.

According to court records, 29-year-old John Randolph Mecredy has three previous DUI convictions: two in New York from 2005 and 2008 and one in Montana from May 12, 2010.

According to an affidavit filed by deputy county attorney Angela Wetzsteon, Mecredy called for a tow truck at 8:30 p.m. on Thursday after crashing his truck. When Bill  of Wimp’s Auto Body arrived on the scene, he called law enforcement based on the extent of the damage.

When Montana Highway Patrol Trooper Scott Bennett responded to the crash scene, Mecredy was asleep in the front seat of the vehicle with the keys in the ignition and the engine off. Bennett wrote in his report that it was apparent that Mecredy’s truck had gone off the pavement, and that the northbound truck had also crossed over the oncoming lane of traffic and struck a fence.

Read more: http://www.ravallirepublic.com/news/local/crime-and-courts/41972bfe-e8b4-11e0-a468-001cc4c002e0.html#ixzz1ZALrU2jY

Bliven Law Firm, P.C. is a Montana personal injury firm, located in Kalispell, that helps people who have been injured by drunk drivers. If you or someone you know has been hurt in a drunk driving accident in Montana, please contact Bliven Law Firm, P.C. for a free case evaluation.

WASHINGTON STATE OYSTERS CAUSE OUTBREAK OF ILLNESS FROM VIBRIO PARAHAEMOLYTICUS BACTERIA.

The U.S. Food and Drug Administration is warning consumers not to eat raw oysters harvested from an area of Hood Canal in Washington State following an outbreak of illness in that state caused by Vibrio parahaemolyticus bacteria. Raw oysters harvested from “growing area 4” in Hood Canal from August 30 to September 19 have been linked to three confirmed and two possible cases of Vibrio parahaemolyticus illness.

Illness is typically characterized by nausea, vomiting, and diarrhea. The symptoms begin from a few hours up to five days after consumption of raw or undercooked seafood, particularly shellfish, or after ingestion of surface waters.

For more information on the outbreak click here. The FDA encourages consumers with questions about seafood safety to call 1-888-SAFEFOOD or to write toconsumer@fda.gov.

If you or someone you know, has suffered sickness or illness as a result of food poisoning, contact the Montana legal offices of Bliven Law Firm, P.C. You may be entitled to legal compensation if you have become ill as a result of Vibrio parahaemolyticus illness.

PEDESTRIAN KILLED IN HIT AND RUN ON U.S. HWY 2

HELENA, Mont. (AP) — The FBI says a man walking along U.S. Highway 2 on the Blackfeet Indian Reservation was killed after being struck by a vehicle.

The driver of the vehicle that struck the man fled the scene and the FBI is asking the public’s help in finding that person.

For more information

Bliven Law Firm, P.C. is a personal injury firm, located in Kalispell, Montana, dedicated to helping those who have been harmed or injured by the acts of another. If you or someone you know has been hurt in a car accident, please contact our offices for a free evaluation.

HELENA COMMISSIONERS WILL VOTE TO OUTLAW DRIVING WITH HAND-HELD DEVICES

The Helena City Commission will vote on Monday night on whether or not to move forward with the proposed distracted driving ordinance.

The draft ordinance says a person may not operate a vehicle while using a hand-held phone. The ordinance says any person convicted of violating the ban would be fined up to $100 dollars, and the citation would not be reported on a person’s driving record.

For more information on the meeting and vote click here.

The full proposed ordinance is available here

10 COMMON SENSE QUESTIONS TO ASK WHEN LOOKING FOR A PERSONAL INJURY ATTORNEY

10 common sense questions when looking for a Montana personal injury attorney.

1. Does the law office focus on the type of injury case you have?

A: Bliven Law Firm, P.C. focuses on all types of auto accidents and injury cases including food poisoning/bad drugs throughout Montana.

2. Does the law office have attorneys with individual practice experience in Montana over 10 years?

A: The partners both have over 10 years experience, right here in Montana handling injury cases, products liability, food poisoning and products liability. The founding partner has 25 years experience right here in Montana starting his practice in Columbia Falls and then purchasing the current office in Kalispell. At Bliven Law Firm, P.C. attorneys are highly skilled in obtaining the best insurance settlement under the Montana Law and codes. Bliven Law Firm, P.C. has also has a strong connections in Whitefish, Libby and Polson.

3. Does the law office have a physical address located in Montana?

A: If you need to see us or drop something off at our office we have 3 paralegals and 3 attorneys here to help you during business hours 8:30 am or 5:30 pm. On the Internet there are a lot of firms from out of state, fish for leads in Montana where they will take a referral fee and hand you off to a local Montana firm. In some cases, websites claim to provide legal services but have no affiliation with an attorney and have little knowledge of Montana Law. You can check an attorney’s active status and disciplinary record at www.avvo.com.

4. Does the law office have more than one attorney who can talk to you if you have a question or need help immediately?

A: There are three experienced attorneys here to help you. Our firm policy is to have one attorney available at all times.

5. Does the office have professional paralegal staff?

A: Our office support staff consists of 3 highly experience paralegals each with over 5 years experience.

6. Does the office have regular business hours where you can stop in and leave documents or ask for an appointment?

A: The office is open from 8:30 am to 5:30 pm

7. Do the attorneys provide full service in the areas of personal injury that often come bundled together with other legal issues, personal injury and workers’ compensation.

A: Some law firms will handle your auto accident or personal injury claim and not have the skills and ability to provide for the intricacies of related issues such as workers’ compensation. We are a full service law firm that lifts the burden off your shoulders. We do the work while you focus on getting better.

8. Does the office have testimonials and references?

A: Our references are posted on the Internet, more are available upon request.

9. Does the law office have a proven track record for success in your type of injury claim.

A. Bliven Law Firm, P.C. has recovered millions for their clients and handled over 1000 personal injury matters since 1994.

10. Does the law office work for insurance companies as a insurance defense lawyer.

A: Bliven Law Firm, P.C. does not, has not and will not work for insurance companies. We are dedicated to helping individuals and their families. The insurance company has plenty of attorneys on their side, shouldn’t you have the same knowledgeable, experienced representation dedicated to your rights.

NEW LAW IN WHITEFISH

In my opinion Montana has always been about freedom. However this has to be balanced properly with common sense for the protection of other from injury. Whitefish has imposed a new ordinance which prohibits any use of a cell phone while driving. If you are caught you will pay a fine. Studies show that people that regularly talk on the cell phone while driving will pay the $100 fine. It seems to me this is just another special rule imposed upon the people of whitefish. I can only imagine the mill level which will result from rebuilding or moving City Hall.

LOCAL ATTORNEY OBSERVE INCREASE IN LITIGATION OVER INSURANCE COVERAGE DENIALS

The insurance industry has been increasing profits at the expense of injured victims and its insureds in Montana. Many people try to handle a small to moderate accident injury claim, a business claim or homeowners claim with the insurance adjuster. They also believe that the adjuster is acting in good faith and will do what’s right and under Montana Law they should. The problem with this outlook is that the major insurance companies have unabashedly announced their stated intention to increases profits by increasing denials and reducing payments to rightful claims. In the 90’s most Montana Trial Layers had heard of a “secret verdict” which exceeded 6 figures against Allstate in Butte for bad faith. While this is just rumor the facts have now come out. State Farm, the largest insurer in the state has implemented a program called ACE “Achieving Claims Excellence”. According to a recent article in “Trial Trends Magazine Spring 2011 Edition” by Charles Miller an attorney experienced with insurance practices the purpose of the program is to reduce claim payments.

A State Farm document of understanding with claims employee’s stated State Farm’s Goal is ‘future proofing’ State Farm by ‘cutting $2 billion from operating costs’. Id. Trial Trends. Other insurance companies have implemented similar programs such as Farmer’s bring back a billion campaign which was designed to recover out of the claims department the payments it had to pay in the California Northridge Earthquake.

A retired Montana Claims Supervisor for Farmers Insurance, explained to me how the system worked. A certain amount is set at the first of the fiscal year based upon the profit targets for the company. In Montana for example if there was a lot of hail damage claims then other rightful claims could not be paid. If a supervisor or adjuster paid more than the amount previously set regardless of how unrealistic they would be subject to discipline.

Most of the major insurance companies have stated goals to make their claims department the profit centers of the company. Trial Trends. It has now become clear right here in Montana rightful claims are being denied or payment amounts substantially reduced to reach profit pressures on adjusters. In Montana an adjuster must act in good faith. Also, a claimant is entitled to the full amount of his or her legal damages. Unfortunately much of the profit engineering in the claims centers is coming at the expense of insureds.

People who would normally make a uninsured or underinsured motorist claim which results when the at fault driver did not have coverage or did not have enough coverage now wind up in an attorneys office. A small business owner who needs his insurance to defend him, or a homeowner who needs to make repairs are all more often winding up in legal process than in years past based upon my experience. The reasons that are conveyed to insureds to deny claims would be humorous if true. It is unfortunate that people who pay many of the highest premiums in the Country are not getting the benefit of their bargain with their insurance company. One often cited reason to deny medical payments coverage under an insurance policy it “the other guys will pay it”, but what if they don’t? It can reflect poorly on one’s credit while denying coverage that was paid for with premium dollars.

In my experience of 16 plus years representing people against insurance companies I have seen a substantial increase in cases which would normally be handled without an attorneys help in the past, now require legal assistance because the adjuster won’t, can’t or does not even really have the authority to resolve the claim fairly. While we are able to find relief in almost all the cases we handle there is still a majority of folks who take for granted a denial from an adjuster or just accept substantially less relying on the adjuster’s good faith.

In summary, due to the fact, reduction of claims payments has become the rule of practice, many insureds and innocent victim’s now end up in an attorney’s office. These cases get filed with the Court and take up the public’s limited resources so that the major insurance companies can increase profit shifting the costs onto society. Until more law firms become serious about bad faith the guilded age of company profits will continue to reign.