Bliven Law Firm, P.C.

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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.

CATEGORY ARCHIVES: General blogs

BILLINGS WORKERS INJURED IN HOTEL CONSTRUCTION

570eb5af2953b.imageBillings Fire Battalion Chief Terry Larson, reported on Wednesday, that two framing subcontractors were injured while setting trusses on the future Comfort Suites on Wednesday.

According to Larson, high winds were to blame. One man fall approximately 40 feet down an elevator shaft and another fell 15 feet down the same shaft before hitting the third floor of the building.

The 32 mph gust reached up to 45 mph according the NWS’ airport-based observation equipment. Often there is little difference between the speed of stronger winds on the Rims and in the areas below. For more information on the event, please visit the Missoulian.

If you or someone you know has been injured at work, please contact the offices of Bliven Law Firm, P.C., a Montana law firm, with a practice focused and dedicated to Montana Workers Compensation claims. Montana is a no-fault workers compensation state. Injured Montana workers are entitled to medical benefits, wage loss benefits, partial disability and permanent disability benefits, depending on the facts of the claim. Insurance companies frequently dispute claims and deny benefits to Montana injured workers.

The Montana licensed attorneys of Bliven Law Firm, P.C., have helped thousands of workers compensation clients, from Kalispell, Billings, Glendive, Whitefish, Columbia Falls, Lakeside, Missoula, Helena, Great Falls, Butte, Bozeman and other Montana cities, receive benefits that insurance companies otherwise denied. We aggressively represent Montana Workers Compensation clients and help them receive benefits that they deserve.

How Outsourcing Payroll Service Benefits Your Business

Outsourcing the payroll services offers businesses a valuable and attractive alternative to internally manage the payroll. Payroll outsourcing saves the time of the employees spend in payroll calculation, preparing management reports and checks and determining tax compliance. Services offered by payroll firms include direct deposit of checks, envelope stuffing, and automated signatures. In addition to that, other functions like retirement plans which allows the employees to automatically designate deductions from their pays.

Accountability

Errors become more prolific with the constant changes in the tax regulations. Payroll Company offers the services to file federal and state payroll taxes for the business. This eases the issue of knowing the filing deadlines, payroll software version, table taxes, deposit requirements, government forms, or the latest tax code.

Tax Expertise

As per the IRS, each year forty percent of the small businesses pay penalties for incorrect or late payments and filings. A tax guarantee is offered by many payroll providers to avoid this which ensures that the customers will not incur any penalty because the provider takes the responsibility of the fine that can occur. This money-savings justifies the benefit of outsourcing the payroll operation. But it should be kept in mind that though the payroll company takes the responsibility of the penalties, but is not liable for the interest charges.

Productivity

Leveraging the skills of the payroll firm can lessen the time-consuming procedure of managing payroll by the employees. Outsourcing can also free the time of staff to pursue important revenue-generating and value-added activities. In fact, the outsourcing payroll was identified as a No.1 task for small businesses by the Inc. magazine. Because it is a time-taking and complicated activity, thus removing the burden allow the employees to pay attention to other productive items within their area of expertise.

Financial Reporting

Payroll companies offer reports such as time sheets, earning statements, expenses, payroll by the department, and the host of other reports.

Among other things, payroll services may include from determining the withholding taxes and wages of the employee to deducting the employee-contributed payments and updating sick and vacation pay for the benefits. In general, payrolling in-house costs double compared to outsourcing payroll. The need of hiring a full-time manager for payroll is eliminated by hiring the outside service. The free up the time of staff can then be utilized on the other aspects of the business.

Convenience

With the outside services, a call is simply made to the payroll company, giving them the hours, salary amount of the employees, and deductions, and the company processes the employees’ checks. Many services allow updating the information on employee payroll on their websites.

Accuracy and Compliance

Payroll companies know that they have to do the accurate job if want to keep the business. As they are updated with the new tax rules and laws regarding the employee payroll. There are a complex array of federal and state obligations entails in the payroll function. Payroll firm saves money on the legal fees, and compliance is put in the hands of the business that knows these legal issues very well.

HAMBURGER RECALLS ENDANGERS HEALTH OF CONSUMERS IN MANY STATES AND MAY AFFECT MONTANA AND OREGON

WASHINGTON, June 18, 2013 – National Beef Packing Co., a Liberal, Kan., establishment, is recalling approximately 22,737 pounds of raw ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.
The following products are subject to recall:

• 10 lb. packages of “National Beef” 80/20 Coarse Ground Chuck, package code “0481.”
• 10 lb. packages of “National Beef” 81/19 Coarse Ground Beef, package code “0421.”
• 10 lb. packages of “National Beef” 80/20 Fine Ground Chuck, package code “0484.”
All these products have a “USE BY/SELL BY DATE” of June 14, 2013, and bear the establishment number “EST. 208A” inside the USDA mark of inspection. The products were produced on May 25, 2013, and shipped to various institutions and retail establishments in Texas, Tennessee, Kansas, Mississippi, Illinois, Georgia, Kentucky, Louisiana, Oklahoma, Missouri, Arkansas, and Arizona. FSIS and the establishment are concerned that some product may be frozen and in shoppers’ freezers.

The problem was discovered through routine FSIS monitoring which confirmed a positive result for E.coli O157:H7. An investigation determined the firm was the sole supplier of the source materials used to produce the positive product. FSIS and the company have received no reports of illnesses associated with consumption of these products.
FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers. When available, the retail distribution list(s) will be posted on the FSIS website at: http://www.fsis.usda.gov/recalls.

What is the Statute of Limitations for a Slip and Fall Case?

Before learning the statute of limitations for a slip and fall case, the victim must know exactly what is a statute of limitations. The statute of limitations is a very important aspect of all lawsuits and claims. A victim of a slip and fall can seek remedy through a civil suit if they were injured. But it is very important that the victim pays attention to the statute of limitations if they plan on filing a personal injury lawsuit.

Each state places a deadline that the victim has for filing a lawsuit, which is termed the “statute of limitations”. Every legal claim has a statute of limitations set in place and every state has a different time frame. Depending on the type of personal injury claim in Miami, some statute of limitation can be as long as 20 years, while others can be as short as a few months. Learning exactly how long the state where the slip and fall occurred allows, is essential for filing a claim just in time.

Miami slip and fall attorneys will never exceed the statute of limitation for slip and fall cases. The firm always does what is best for their clients and works on recovering as much as possible for the victims of slip and falls.  Not filing the lawsuit within the allowed timeframe would mean that the victim would not longer be able to file for that accident. Their chances at filing a claim would be over before it even began. The court would not waste their time and immediately dismiss the case. Seeking a responsible lawyer is essential in every personal injury case.

When Does the Deadline Start Counting Down?

In regards to a slip and fall case, the statute of limitations starts counting down the moment the victim suffered an injury. This means that if an individual lives in a state where the statute of limitations is of two years, the victim would have two years from the day that they slip and fell to file their claim against the responsible party or entity in Miami.

While the statute of limitations is very strict, there are several provisions for extending the said deadline. Some factors that can influence the statute of limitations includes whether the victim was a minor, mentally ill, or disabled because of the accident. Likewise, the deadline can be extended if the defendant was out of the country after committing the negligence.

Along with the above provisions, the “discovery” period also influences the deadline of a statute of limitation. The discovery exception applies to a victim when they did not know that they suffered an injury or that the defendant was the cause of their injury.

Do Not Waste Time in Filing, Contact a Miami Personal Injury Lawyer Today

Because the statute of limitations is so vital for every personal injury case, contacting the best personal injury attorney Miami will immediately will ensure that the case is filed just in time and in accordance with the laws of the state. The firm recovers for the damages endured because of the negligent party and for the rights of their clients.

94 YEAR-OLD KALISPELL WOMAN DIES CROSSING CENTER STREET

4ef3b84b8f327.preview-300Our thoughts and prayers go out to the family of Luella B. Scott, a 94 year old Kalispell woman who was the victims of a Pedestrian v. Car accident as she was struck by a Suburban while crossing Center Street in front of Kalispell Center Mall.

The Daily Inter Lake reported Bruce Jones of Kalispell was driving behind the westbound Suburban on Center Street when the collision occurred just before 2 p.m.

“This elderly woman was just crossing the street and the guy ahead of me didn’t see her, I guess,” said Jones, who estimated the woman was thrown about 50 feet. “It was awful. My daughter is 12, and she saw it, too, and she’s all shook up.”

Pedestrian accidents unfortunately happen often in Kalispell and Montana. Bliven Law Firm, P.C. has helped injured pedestrians in other pedestrian accidents near Center Street and downtown Kalispell recover compensation they are legally entitled to under Montana law.

Pedestrians have the right of way while crossing in marked or unmarked crosswalks in Montana.

61-8-502. Pedestrians’ right-of-way in crosswalk — school children. (1) (a) Except as provided in subsection (1)(b), when traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if necessary, to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, but a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the operator to yield. This provision does not apply under the conditions provided in 61-8-503 (2).

While crossing at unmarked crossing, both drivers and pedestrians have duties:

61-8-503. Crossing at other than crosswalks. (1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(3) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
61-8-504. Operators to exercise due care. Notwithstanding 61-8-501 through 61-8-503, an operator of a vehicle shall exercise due care to avoid colliding with a pedestrian or with a person propelling a human-powered vehicle or using an assistive mobility device upon a roadway, shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing a child or an obviously confused, incapacitated, or intoxicated person upon a roadway.

In addition to Montana pedestrian laws, Kalispell has ordinances governing pedestrian crossing near downtown including the Kalispell Center Mall.

17-107 Duty of Drivers of Vehicles to Exercise Due Care.

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (Ord. 679 § 4)

17-106 When Pedestrian to Yield Right-of-Way; Designation of Streets.

A.    Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk in an intersection shall yield the right-of-way to all vehicles upon the roadway.

B.     No pedestrian shall cross a roadway other than in a crosswalk on the following streets and designated areas thereof:

1.     Main Street, from the Sixth Street intersection to Idaho Street intersection, including the aforesaid intersections.

2.     First Avenue West, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersections.

3.     First Avenue East, from the Fourth Street intersection to the Center Street intersection, including the aforesaid intersection.

4.     Third Avenue East North, from the Idaho Street intersection to the Montana Street intersection, including the aforesaid intersections.

5.     Idaho Street or U.S. Highway 2, from the Fifth Avenue West intersection, to the Seventh Avenue East intersection, including the aforesaid intersections.

6.     Eighth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.

7.     Ninth Street East, at the east side of the intersection with Fifth Avenue East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour.

8.     Second, Third and Fourth Avenues East, at the south side of the intersection with Ninth Street East, and the area within four hundred feet (400′) of the crosswalk shall be designated as a “school zone” with a speed limit of fifteen (15) miles per hour. (Ord. 679 § 3; amd. Ord. 1514, 10-18-2004)

17-105 Right-of-Way in Crosswalks; Passing Vehicle Stopped in Crosswalk to Permit Pedestrians to Cross.

A.    Yield Right-of-Way: When traffic control signals are not in place or are not in operation, the driver of the vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in Section 17-106 of this article.

B.     Overtaking, Passing: Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (Ord. 679 § 2)

If you or a family member has been injured as a pedestrian while crossing a street in Kalispell or elsewhere in Montana, contact our offices for a FREE CONSULTATION.

Bliven Law Firm, P.C., a Kalispell law firm, has helped innocent victims, and their families, receive compensation they are entitled to under Montana law for over 25 years.

GREAT FALLS PEDESTRIAN INJURED IN HIT AND RUN

imagesA Great Falls Woman was the victim of a Hit and Run in Great Falls on Saturday Morning.

According to police, a White Pontiac Grand-Am struck the woman near 1605 10th Ave. S. in front of Burger King. The car then fled the scene of the hit and run accident in Great Falls.

Police reported that the victim of the hit and run accident was from Helena.

At Bliven Law Firm, P.C., a Montana law firm, we help victims who have suffered personal injuries as a result of the negligence of others including hit and run accidents in places like Kalispell, Great Falls, Helena, Missoula, Billings, Bozeman, Butte and other communities throughout Montana.

Most victims of hit and run accidents in Montana are surprised to learn that if they  purchased Med Pay or Unuinsured Motorists insurance, they may be covered for injuries and damages sustained as a result of a negligent hit and run driver.

If you have been injured in a hit and run accident in Montana, call the law offices of Bliven Law Firm, P.C. for a FREE CASE EVALUATION.

KALISPELL WOMAN TO BE CHARGED WITH DUI AFTER HEAD-ON COLLISION

A drunk driver caused a head-on collision on Highway 2 in East Kalispell Tuesday morning.

Officers said Tami Smith was driving south on Highway 2 when she drove into oncoming traffic and caused the car accident in Kalispell.

Ms. Smith faces charges for driving under the influence, as well as driving without a valid driver’s license and driving without insurance.

For more information click here.

Drunk driving is an alarming trend that has continued to plague Montana. Forbes reported that Montana leads the nation in drunk driving fatalities per capita. In 2008, Montana reported 11.1 drunk driving accident fatalities per 100,000 people.

For over 25 years, Bliven Law Firm, P.C. has been helping the innocent victims of drunk driving accidents in Montana in cities like Libby, Eureka, Kalispell, Lakeside, Columbia Falls, Whitefish, Billings, Missoula, Great Falls, Bozeman and more. We offer free consultations for victims of Montana drunk driving accidents.

In our experience, many drunk drivers are uninsured. Many Montanans are unaware that if they are hit by an uninsured drunk driver in a car accident, that they may file an uninsured motorist claim if they have purchased the insurance.

In our experience, uninsured insurance is often very affordable. We encourage all motorists to have uninsured and under insured insurance, to protect themselves and their family members against uninsured drunk drivers in Montana. Speak to an insurance agent to discuss your available insurance coverage options.

FIVE REASONS TO CALL A LAWYER AFTER A MONTANA CAR ACCIDENT

downloadIf you or a family member has been injured in a car accident, here are five reasons why should give Bliven Law Firm, P.C., a Kalispell law firm, with three  Montana attorneys, a call to start working on your case.

1.     Accident, Injury and Disability Consultations are always FREE.  There is no fee unless we recover money for you.  Ask us to explain contingent attorney’s fees.

 2.     Delays in gathering evidence and filing your claim can hurt your case. Let us get started.

 3.     We work for YOU, not corporate shareholders.

4.     The Insurance companies have lawyers working hard on your case.

5.      An experienced, full service, injury and disability law office can put the law on your side.

MONTANATOP 10 FOR BAD DRIVERS

Montana Drivers were ranked as the eight worst in the United States according to a report published by carinsurancecomparison.com.

Montana Roads are also the most dangerous according to the same source. For every 100 million miles driven, there are 2.12 fatalities, the highest in the nation.

Icy roads and treacherous conditions in the winter time can further exacerbate the problem and cause more car accidents in Montana. Although studded tires, four-wheel drive and traction devices may help during the winter time, sometimes defensive drivers are hit by others who are less prepared.

For over 25 years, Bliven Law Firm, P.C. has helped innocent victims of car accidents recover the compensation they deserve. If you or someone you know has been injured in an accident, call Bliven Law Firm, P.C. for a free consultation.

TRAFFIC SAFETY CONCERNS ABOUT HIGHWAY 93 WHITEFISH WEST PROJECT RAISED BY LOCAL PERSONAL INJURY ATTORNEY

whitfishwest-300x191Last night on the drive to Whitefish from Kalispell on the relatively newly completed 4 lane Highway 93 North “expressway” to Whitefish during rush hour, on an icy surface, raised concerns.  The concerns include the Highway West Project, overall Montana Highway Safety and auto accident prevention planning.

All four lanes of Highway 93 North to Whitefish, were packed car to car, truck to car, without a barely a car length between each traveling at the brisk speed of 70 miles per hour + on an icy road.  I observed vehicles with bald tires and can only presume a fair number of uninsured drivers constituent with Montana DOT statistics. In an attempt to slow down to the speed limit of 65, I was tailgated and practically run off the road.  One deer or car crossing the road at Happy Valley would have caused in my opinion at least an Eight-vehicle pile up, with likely fatality.

Granted it was 5:30 p.m. rush hour.  Nonetheless this raised questions.   I recall when two lanes from Kalispell to Whitefish were more than sufficient and seemed safer.  As a result I looked into the population statistics and found that the population of the City of Whitefish has grown an astounding 45% since 1990.  This does not even include the out of city, growth areas.

My family has lived in the Flathead for 18 years.  We live close to Whitefish.  Our family and children are involved in the Whitefish community, along with family relatives.  I have been helping Whitefish families and individuals by providing representation as a personal injury attorney along with business and family matters.  We handle many insurance claims from Whitefish due to our Whitefish family and involvement in the community.

For a change I wanted to try express my own concerns about the crowding conditions on highway 93 North in Whitefish and the trends that my research seems to indicate are occurring.  My family drives on Highway 93 North to Whitefish almost every day of the week.  I want to bring awareness to the dangers of the high-speed rush hour before the wrongful death or serious injury case of a friend, relative or client.

While our accident lawyers have recovered Millions in settlements including Whitefish Auto Accident Injury victims and those injured by Drunk Drivers in and around Whitefish, Montana Law only compensates personal injury victims with money damages.  It does not reverse the serious permanent injuries or wrongful death that results from dangerous road conditions.

The first factor I looked at was population increase.  There is a steady trend for the Whitefish area having the highest population growth in the County.  Second I factored in the Montana Department of Transportation road safety information about Highway 93 North in the Whitefish area.

Due to the alarming incident of automobile accidents and motorcycle accidents in the Highway 93 North corridor between Kalispell and Whitefish the Montana Department of Transportation has designated this area a “High Crash Enforcement Corridor”.  Montana DOT Drunk Driving Accident report for 2010 indicates there remains a substantial drunk driving problem for the Whitefish Highway 93 North corridor, which was also considered in the designation.  The map and more information may be located athttp://www.mdt.mt.gov/publications/docs/brochures/safety/current_chsp.pdf

The final factor I considered in my analysis is the Whitefish West Project which has resulted in a Whitefish downtown traffic juggernaut.  However, when completed it will result in another 5 mile expressway from downtown Whitefish out to Twin Bridges Road, milepost 133.

Over the years as I have traveled Highway 93 North and based anecdotally as a Whitefish accident lawyer I have notice that after the expansion initially traffic was very light.  It is my belief that the improved road brought access to greater growth in the Whitefish area due to its connection to the higher paying jobs in Kalispell.  With the expansion under the Whitefish Highway 93 corridor it would seem that further subdivision and growth will, over time result in more traffic accidents and serious accident injuries.

I enjoy visiting friends and family in Whitefish.  Our family enjoys the community activities and we do our best to give back to the community. However, we have lived in Columbia Falls since starting my Montana Personal Injury practice 25 years ago, which is now Bliven Law Firm, P.C., Montana Trial Attorneys.  I truly believe that Whitefish is a wonderful destination for Flathead County residents to enjoy the activities, visit relatives and participate in the community.  I do not believe that you have to live there to be involved or enjoy all that Whitefish has to offer.

My primary concern as a Whitefish Injury Lawyer is that people are moving into Whitefish and the Whitefish area to enjoy the amenities.  The result will be a much more dangerous highway 93 North and Whitefish West expressway.  I do not want to see anymore, friends, relatives or clients from Whitefish killed or injured on a dangerous highway.

With all of the construction occurring and roadblocks I am beginning to avoid the frequent trips to Whitefish, which are for recreational activities.  My final thought which is much less important than Montana Highway accidents and injuries, was whether, too much growth, will divert other Flathead Residents to competing communities with similar amenities.   Only time will tell whether too much of a good thing will spoil the small old west town atmosphere Whitefish has offered in the past.