PRACTICE AREAS

Accident & Injury

Accidents may be just that — accidents — but that doesn’t mean no one is responsible. If you’ve been injured because of the actions of another person, you have the right to receive full compensation for your injuries, rehabilitation, lost time from work, and pain and suffering. If you don’t know how to get the at-fault party or their insurance company to fully compensate you or you don’t know how much compensation you’re entitled to seek, Montgomery Law Firm, PLLC Attorneys at Law can help you fight for the results you deserve.

 

Auto Accidents

With mandatory auto insurance for all drivers, auto accident claims should be easy to resolve, but between underinsured drivers and insurance companies trying to avoid paying out claims, that is rarely the case. Many people also don’t realize that they don’t have to accept the insurance company’s settlement offer. To avoid being lowballed after an auto accident, speak to an attorney before making any decisions.

Bicycle Accidents

While bicycles have just as much right to be on the roads as cars, countless bicyclists are injured each year by careless drivers. The resulting injuries are often serious and could require medical treatment that goes beyond most insurance policies. In many cases, a lawsuit will be necessary to receive full compensation.

Slip and Falls

A slip and fall can result in head injuries, broken bones, and other serious injuries. Don’t let your slip and fall accident be played off as not serious. Business owners are responsible for maintaining their properties in safe condition and for paying damages when someone is injured as a result of their failure to do so.

Contact Our Experienced Attorneys

Montgomery Law Firm, PLLC Attorneys at Law has over 50 years of combined legal experience serving Oktibbeha, Clay, Lowndes and Noxubee Counties and the surrounding areas. If you’re looking for results, contact us today to schedule a consultation.

Drug Recalls & Warnings

Drug Recalls & Warnings Lawyer in Madison & Starkville, Mississippi

When you take a prescription drug or other medication, you rarely question whether it’s safe to do so. Medications are supposed to undergo rigorous testing before being released to the general public, and your physician should be able to verify that a drug is safe specifically for you based on your health and any other medications you’re taking. Unfortunately, countless people are still injured by dangerous or defective drugs each year.

 

How Drug Defects Happen

Due to a combination of a rush to get drugs to the market and the limitations of testing procedures, some problem drugs slip through the cracks. The test population may not have been large enough to notice certain side effects or adverse reactions to other drugs, or the test may not have left enough time for side effects to develop. Additionally, the manufacturing process may be changed to allow production on a larger scale, and in some cases, the integrity of the drug may not be maintained.

What to Do if a Medication You Were Subscribed is Subject to a Drug Recall or Warning

Before anything else, if you are still taking the drug, ask your physician if it is safe to stop taking the drug or if there is a suitable, safer alternative. Whether or not you’ve stopped taking the drug, get a physical examination to check for any adverse effects. Even if you’re given a clean bill of health, understand that you may not be affected for months or even years after you’ve stopped taking the drug.

Contact an Experienced Attorney

If you’ve been injured by a drug that was later subject to a recall or warning, you may be entitled to receive compensation for the harm you suffered. If you’re in Starkville, West Point, Columbus, Macon or the surrounding areas, Montgomery Law Firm, PLLC Attorneys at Law can help you recover.

Charged with a Crime - Criminal Defense Attorneys

Criminal Defense
If you've been accused of a crime or are under a criminal investigation, you need to start an aggressive defense immediately. The prosecution is already working with the police to convict you. Let us start fighting for your freedom.

Get Help Today

If you're looking for an experienced criminal defense attorney in Oktibbeha, Clay, Lowndes, Noxubee Counties or the surrounding areas, call Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Wrongful Death

 A loss of a loved one is never easy. When your family member’s death was caused by the wrongdoing of someone else, you may have the right to file a wrongful death lawsuit and receive compensation you and your family are entitled. But what exactly is wrongful-death action? By definition, a wrongful death action is a lawsuit brought on behalf of a decedent’s survivors for their damages resulting from negligence or misconduct of another party that caused the decedent’s death.

Because of the growing number of deaths at the hands of manufacturing companies, hospitals and doctors, states have passed wrongful death statutes to deter carelessness.

Wrongful death arises in situations such as:

• Vehicle Accidents

• Medical Malpractice

• ATV Accidents

• Defective Products

• Recalled Drugs

Compensation for Wrongful Death

Some of the damages in a wrongful death claim — compensation family members might receive — include:

• pre-death pain and suffering of the victim

• the medical costs that the victim incurred as a result of the injury prior to death

• loss of the victims expected income

• loss of any inheritance as a result of the death

• loss of love and companionship, and

• loss of consortium.

You need the help of experienced, wrongful death attorneys to help you navigate the process and the help you get the damages you are entitled. Contact Montgomery Law Firm, PLLC Attorneys at Law today for a free case evaluation.

General Practice

Contract Review & Disputes
Do you have a contract with another person or a business and they failed to uphold their end of the bargain? Contracts really are worth more than the paper they're printed on. We can take your contract to court to have it enforced or to request monetary compensation for the losses you suffered as a result of the breach.

Get Help Today

If you're looking for an experienced attorney in Oktibbeha, Clay, Lowndes, Noxubee Counties or the surrounding areas, call Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Family Problems

Divorce
Divorce involves a wide range of legal issues including child custody, child support, spousal support, and property division. Even in an amicable divorce, it can be hard to keep track of your legal rights. Let us help you make sure you get everything you are entitled to.

Get Results

If you're looking for an experienced attorney in Oktibbeha, Clay, Lowndes, Noxubee Counties or the surrounding areas, call Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Nursing Home Injuries

Many people rely on nursing homes to give care for their loved ones when they're unable to do so themselves. Too often, these nursing homes are not looking out for their patients' best interests but only their own bottom lines. When nursing homes are understaffed and hire inadequately trained workers as cost-cutting measures, the risk of nursing home abuse or neglect increases. Montgomery Law Firm, PLLC Attorneys at Law is here to help your loved one get the care that they deserve and to help them receive compensation for any wrongs.

Neglect
Neglect occurs when proper levels of care and supervision aren't given. This could be because well-meaning staff members are simply overworked and can't complete all of their tasks, or it could be out of outright indifference towards patients. No matter the cause, nursing homes must give a level of care that is consistent with their promised services.

Abuse
Too frequently, nursing home staff subject patients to physical, mental, or sexual abuse. Often, this is in retaliation for complaining about poor conditions or care to staff members or family who come to visit. Nursing home abuse is a criminal act and should not be tolerated.

If you suspect abuse, it's important to talk to your loved one privately. A day trip away from the nursing home is best because they may be intimidated by the possibility of staff members overhearing. Due to the risk of retaliation, it may be wise to consult with an attorney before confronting the nursing home's management.

Get Help Today
If you have a loved one in nursing home care in Starkville, Columbus, Macon, or West Point or surrounding Mississippi and you suspect nursing home abuse or want to take legal action against a nursing home that has wronged you, call Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Medical Malpractice

Even though doctors are here to help people, and most do everything they can to do so, tens of thousands of people are killed or injured by medical malpractice each year. When an injury or disease is worsened or created by a doctor's failure to adhere to reasonable standards of care, whether by accident or intentionally, the injured patient has the right to receive full compensation for any additional treatment, pain and suffering, and financial losses caused by the doctor's actions.
It's important to remember that medical malpractice does not mean that a doctor failed to get the best outcome possible in a risky procedure but that they failed to take the same steps that would typically and reasonably be expected of a doctor with similar training and specialization. Common indications of medical malpractice include 

Failing to Get Informed Consent
While doctors are experts that patients turn to for advice, the field of medicine is governed by the idea of informed consent. A doctor should fully explain the advantages and possible risks of any proposed course of treatment with the final decision resting on the patient. If a patient suffers from complications that they were not warned of beforehand, it may be considered malpractice.

Delay or Failure in Diagnosis
If a doctor misses symptoms or conditions that a reasonable and careful physician would be expected to catch and that failure caused the patient's condition to worsen or become untreatable, the doctor will generally be liable for malpractice.

Errors or Improper Treatment
Sometimes, doctors make mistakes during a procedure or when prescribing medication. These mistakes are considered malpractice when they are attributable to the doctor's lack of reasonable care to avoid such errors.

Get the Results You Deserve
If you're looking for an experienced medical malpractice attorney in Madison, Starkville, or surrounding Mississippi communities, contact Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Toxic Torts

If you have been exposed to some dangerous substance causing you injury or illness, you may have a claim for damages. Occupational exposure, consumer products, and pharmaceutical drugs are usual connections to toxic tort litigation.

Get the Results You Deserve
Were you injured? Contact Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation. 

Premises Liability

Premises Liability Attorneys

When you go onto someone else’s property, you have the right to expect that it’s in reasonably safe condition. If the property owner hasn’t kept their property safe and you’re injured, you’re entitled to compensation for any losses you suffer as a result of your injury. The aggressive lawyers at John M. “Mickey” Montgomery, PLLC Attorneys at Law are here to fight for your rights.

When is a Property Owner Liable?

A property owner’s liability depends on why you were on their property, but even an unwelcome trespasser has rights. In the case of a trespasser, the property owner must refrain from intentionally harming them by setting traps or creating hazardous conditions, and they must remove serious hazards that a trespasser would be unlikely to discover.

Businesses and other property owners who invite people onto their property are subject to a high standard of care. They are responsible for actively monitoring the property for any unsafe conditions and immediately correcting them or taking steps to alert visitors to avoid the hazard.

Social guests or other people who are invited to come onto a private property for their own benefit are subject to a standard of care that is somewhat less than business owners and depends on the circumstances.

What are Examples of Hazardous Conditions?

Anything that makes a property unsafe could lead to a premises liability claim. Hazards include

• Slippery floors

• Icy walkways

• Open holes or pits outside

• Swimming pools

• Falling debris

• Faulty doors, escalators, and other equipment

• Sharp or jagged edges on walls, doors, or shelves

Get Help Today

If you were injured on someone else’s property in Starkville, or surrounding Mississippi, you may be entitled to compensation. Call Montgomery Law Firm, PLLC Attorneys at Law today to schedule a free consultation.

Qui Tam (Whistle Blower)

Qui Tam
Corporations and healthcare providers who receive funds from the government regularly submit inflated or entirely false claims. Many of these frauds are only discovered when employees report them to the government. In order to encourage this reporting, whistle blowers are entitled to receive a percentage of the money recovered by the government.

Why Should Employees Report Fraud?
In addition to the possibility of a monetary reward, employees who are aware of a fraud and fail to report it may become criminally liable if they allow the fraud to continue. This includes situations where employees try to bury their heads in the sand in an effort to say that they "weren't aware" of the fraud.

What Are Common Signs of Fraud?
Fraud takes on many forms. In billing frauds, employees are instructed to create bills that inflate the hours worked, materials use, or include services that were never provided. Healthcare providers may order additional tests or procedures to inflate the money they receive from Medicare or Medicaid. Records may be falsified to show better or worse than actual performance, to meet employee hourly reports, or to meet government certification standards. Any employee who knowingly participates in these activities without reporting it shares liability for the fraud.

If you're considering blowing the whistle on suspected fraud or already have, contact Montgomery Law Firm, PLLC Attorneys at Law today to learn how to receive your share of the funds. We represent clients in Oktibbeha County, Madison County, Rankin County, and all of Mississippi.

Product Liability

Every day, people are injured by defective medical devices, consumer goods, and other products. When these injuries occur because the manufacturer failed to take the necessary steps to put a safe product onto the market, anyone who is injured is entitled to compensation for their injuries, pain and suffering, lost time from work, and other losses. Our aggressive attorneys will fight for you in all types of product liability cases.

Design Defects
A design defect is where a product was never safe to begin with. It may have lacked important safety features, been designed to use materials that wouldn't stand up during regular use, or make use of dangerous chemicals without adequate protections in place. To recover for a design defect, you must show that the product failed to meet reasonable safety expectations when compared to similar products or that any risks in the design did not justify the benefits received.

Manufacturing Defects
With manufacturing defects, a safe design is rendered unsafe by flaws in the manufacturing process. The wrong materials might be used, parts may not be fastened securely, or stresses of the manufacturing process itself could weaken the materials. You can receive compensation for a manufacturing defect by showing a departure from the original specifications or other signs of poor workmanship.

Failure to Warn
Some products, like lawnmowers, are necessarily unsafe. In those cases, the manufacturer must include adequate warnings instructing consumers how to use the product as safely as possible. If a consumer is injured because they were unaware of needed precautions, the manufacturer may be liable.

Get the Results You Deserve
Were you injured by a defective medical or consumer product?  Contact Montgomery Law Firm, PLLC Attorneys at Law so we can help you receive compensation. We handle cases in Oktibbeha, Madison, and Rankin Counties and surrounding Mississippi.