Personal Injury Law in Idaho

Were you hurt due to another’s negligence in Idaho? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Idaho can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Idaho relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Idaho

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Idaho 

According to Idaho’s Medical Data Report, citizen’s of the state could expect to pay more of the total cost of any ER treatment. Almost 8% more when compared to the national average. Most visits involve either chest pain, shortness of breath, or contusions and cuts. In addition, Idaho is the 2nd state in the nation when it comes to ER visits per population. Only Oregon sees more unnecessary or accident caused emergency room visits than Idaho.

Steps in a Personal Injury Lawsuit in Idaho

Once you determine that you wish to proceed forward with a personal injury action in Idaho

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

Personal Injury cases are typically filed with Idaho’s Fourth Judicial District Court. It begins by meeting with your attorney and filing a complaint with the court. You then await an answer from the party at fault, and enter settlement negotiations. If no settlement can be reached then you can go to trial.

Idaho Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

The average ER bill in Idaho is over $500 just for the initial cost of your visit. The University of Idaho has compiled a list of the states possible attorney fee awards, and the stipulations attached to the awards. In Idaho, a car wreck with minor injuries could cost you on average anywhere from $16,000 and $30,000. Being taken to visit an emergency room as a result of your injury could add thousands onto the bill. This could make your injury and its consequences go from bad, to catastrophic. People in Idaho often seek settlements just to be reimbursed, not just to see a reward for pain and suffering.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in , that means you risk not receiving any compensation at all.

Damage Awards in Idaho

If your Idaho personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Idaho, you won’t see a cap on economic damages like medical bills, and prescriptions. However, Idaho is one of a few states that has enacted a damage cap of $250,000 on non-economic damages like pain and suffering.

Statute of Limitations in Idaho Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

Idaho has enacted a two year statute of limitations on personal injury suits. This means that you have two years from the date of your injury to file a suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Idaho Lawyer

Pursue a personal injury claim in Idaho against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Idaho state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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