Rossbach Brennan, P.C., lawyers in Missoula, MT, Montana

Tax Consequences of a Settlement in a Tort Action

When a plaintiff and a defendant enter into a settlement of the plaintiff's tort action, the tax consequences of the settlement will depend upon whether the damages are allocated in the settlement agreement. More...

The Jones Act -- Unseaworthiness Claims

The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.More...

Action by a Spouse for a Tort against the Other Spouse

When one spouse is injured as a result of a defendant's negligent or tortious conduct, the other spouse is entitled to file an action against the defendant for his or her damages as a result of the defendant's conduct. The spouse who is injured is referred to as the impaired spouse.More...

Wrongful Death & Survival

Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death. Survival statutes relate to the claims of the decedent rather than those of his heirs. More...

Malicious Prosecution

It should be obvious that the purpose of the criminal justice system is to bring criminals to justice. Unfortunately, people sometimes try to use the criminal justice system for improper purposes, such as revenge. As one would expect, using the criminal justice system solely for improper purposes is prohibited by law. The personal injury lawsuit that addresses improper criminal prosecution is known as malicious prosecution.More...