Personal Injury FAQ

It’s understandable to have concerns when a close relative is involved in an accident causing your injuries. While this scenario presents unique challenges, exploring your options can be crucial.

Navigating Claims with Family Members:

While legal claims against family members are possible, it’s essential to approach the situation with sensitivity and consider all potential consequences. In most cases, you wouldn’t directly sue your family member, but rather file a claim against their insurance company. This way, the insurance company takes responsibility for handling the claim, potentially minimizing personal conflict within the family.

Understanding the Process:

Let’s consider an example: Imagine your sibling, driving you to an event, unintentionally causes an accident due to an error in judgment, resulting in your injuries. Your sibling’s auto insurance should cover the claim, similar to how it would in any other accident involving third parties.

Seeking Guidance:

Navigating legal complexities, especially when family is involved, can be emotionally challenging. Consulting with a qualified attorney specializing in personal injury cases can be highly beneficial. They can provide professional guidance and ensure your rights are protected while considering all aspects of the situation, including potential family dynamics.

Most times, you won’t need to go to court (file a lawsuit) to get things settled after an accident. Instead, everyone involved will try to work together and agree on a fair amount to cover your injuries. This is called “reaching a settlement.” It’s usually quicker and less stressful than going to court, which can be expensive and take a long time. But sometimes, an agreement can’t be reached, and then going to court might be necessary. If that happens, it’s important to have a lawyer on your side to help you fight for what you deserve.

After an accident, promptly reporting your property damage is crucial. Inform both your own insurance company and the at-fault party’s company. The at-fault party’s information should be on the police report (DI-9) you received at the scene. If missing, request a copy from the police.

Each insurance company will assign an adjuster to handle your claim. Note down their contact information and claim numbers for future reference. Usually, property damage claims are settled before bodily injury claims.

Take your car to a collision repair shop for an estimate. The adjuster might recommend preferred repair shops affiliated with their company. Repairs can take one to two weeks depending on the damage. You’ll be responsible for your deductible (typically $1,000), and the insurance covers the rest. Most policies also provide car rental coverage for up to 30 days.

If the damage exceeds the car’s value, it’s considered “totaled.” The insurance company will pay you its “book value,” which decreases with age. This can be challenging if you bought the car recently, as new cars lose value rapidly in the first two years. They don’t cover your remaining car loan, only the current worth. This is where “gap insurance” comes in handy. Consider purchasing it, especially for new cars over $25,000. Gap insurance covers the difference between the book value and your remaining loan, potentially saving you thousands.

After an accident, recovering compensation for your injuries is crucial. However, it’s important to understand that there are limits on how much you can receive in Idaho, known as “caps.” Here’s a breakdown of these limitations:

1. Expenses You Can Fully Recover:

• Medical bills: Past, present, and future medical costs associated with your injury, such as doctor visits, surgeries, medication, and physical therapy, have no cap. As long as you can present valid bills and records, you can be reimbursed for all reasonable medical expenses.
• Lost wages: If your injury prevents you from working, you can be compensated for lost wages, including future earning potential if your injury is expected to impact your long-term ability to work. Similar to medical bills, documented proof of lost income is necessary.
• Property damage: If your personal property was damaged in the accident, you can claim its repair or replacement cost, again with proper documentation like receipts or estimates.

2. Capped Damages:

• Pain and suffering: This encompasses the emotional and physical distress caused by your injury. In Idaho, awards for pain and suffering are capped at $250,000.

3. Punitive Damages (Rare):

• Awarded in exceptional cases where the defendant’s conduct was intentionally malicious, reckless, or outrageous to punish them and deter similar behavior in the future. Even then, these are capped at:
  • $250,000, or
  • Three times the amount awarded for pain and suffering and other non-capped losses (excluding property damage), whichever is greater.

4. Sharing the Blame:

• If multiple parties are responsible for your injury, each will be held liable for a percentage of the damages based on their degree of fault. This means each contributes an amount reflecting their share of responsibility, determined by the court.

5. Joint and Several Liability (Rare):

• In specific situations, like when parties acted together intentionally or recklessly, Idaho allows “joint and several liability.” This means that one defendant can be held responsible for paying the entire judgment, even if others are also liable. However, this is only applicable under specific circumstances, such as when one person acted as an agent of another or when multiple parties intentionally or recklessly caused the harm together.

Remember, this information is for general understanding only and does not constitute legal advice. It’s crucial to consult with a qualified attorney to discuss the specific details of your case and determine your potential compensation under Idaho law.

Yes, you should still hire an attorney, even if you have only minor injuries. Before deciding that your injuries are not serious enough to hire an attorney, give us a call, 208-344-8474, and we can discuss how to maximize the value of your case.

Most likely not. Determining whether to accept an insurance settlement is a complex decision that should not be taken likely. If you are unrepresented, and an insurance company has offered you money, you are most likely not getting a fair settlement.

Yes, absolutely. In cases involving injured minors (children under 18), a parent, guardian, or court-appointed representative must file the legal claim on their behalf. If the claim results in a settlement or award, the court needs to approve how the money is distributed through a “minor settlement hearing.” This ensures the money is used responsibly for the child’s benefit.

Here’s what happens to the funds:

• Restricted Account or Investment: The money is typically held in a special bank account or investment account with limited access until the child reaches adulthood (usually 18).
• Safeguarding the Child’s Future: This safeguards the funds and ensures they are used responsibly, covering potential long-term needs related to the injury or for the child’s future well-being.
• Accessing the Money: Once the child reaches the legal age (usually 18), they can access the funds and manage them independently.

Remember, this is a simplified explanation, and it’s always recommended to consult with an attorney to understand the specifics of legal procedures and their application in your specific situation.

Understanding Compensation in Personal Injury Cases:

When you’re injured due to someone else’s negligence, you may be entitled to compensation for both the financial impact and the emotional toll of the injury. This compensation comes in two main categories:

1. Special Damages (Economic Damages):

These are easier to calculate as they represent tangible financial losses resulting from your injury. Examples include:

• Medical bills: Past, present, and future costs associated with your treatment, including doctor visits, surgeries, medication, and therapy.
• Lost wages: Compensation for income you were unable to earn due to your injury, potentially including future lost earning capacity if your ability to work is expected to be impacted long-term.
• Property damage: Repair or replacement costs for personal belongings damaged in the accident.

Evidence to support special damages:

• Medical bills and records
• Tax returns
• W-2s and paystubs
• Letters from doctors and employers
• Repair estimates

2. General Damages (Non-Economic Damages):

These are more subjective and challenging to quantify, encompassing the emotional and physical suffering caused by your injury. Examples include:

• Pain and suffering: The physical and emotional distress you experience due to the injury.
• Loss of enjoyment of life: Inability to participate in activities you once enjoyed due to your injury.
• Emotional distress and anguish: Mental and emotional suffering resulting from the trauma of the accident and its aftermath.

While difficult to calculate, general damages are equally important:

Don’t underestimate the significance of these damages, even though they lack a clear dollar amount. Your attorney should always strive to include compensation for these damages in your case.

Evidence to support general damages:

• Medical records demonstrating the nature and extent of your injury
• Witness testimony from family and friends about changes in your behavior and emotional state
• Photographs or videos showcasing your injuries and limitations
• Journal entries documenting your experiences
• Expert testimony (in some cases)

Remember, this information is for general understanding only, and the specific details of your case will determine the types and amounts of damages you may be eligible to recover. Consulting with a qualified attorney, such as Jacobson and Jacobson Law Firm, 208-344-8474, to navigate the legal process and ensure your rights are protected.

Three primary coverages are crucial in your auto insurance policy:

1. Property damage:This covers repairs or replacements for your vehicle if it gets damaged in an accident, regardless of who’s at fault. It typically carries a deductible (a specific amount you pay before insurance kicks in), usually ranging from $500 to $1,000.
2. Bodily injury:This covers medical expenses and lost wages for yourself and your passengers if you’re involved in an accident, regardless of fault. This coverage is crucial for protecting yourself and others from financial burdens due to injuries.
3. Underinsured/uninsured motorist:This protects you in situations where the at-fault driver doesn’t have enough insurance to cover your damages, or if they are completely uninsured. This is an essential safeguard in case you encounter an irresponsible driver on the road.

Determining the Right Coverage Levels:

While property damage is an important consideration, it shouldn’t be the sole focus when choosing your insurance. Bodily injury and underinsured/uninsured motorist coverage are equally important, potentially even more so, to protect yourself and your passengers from unforeseen medical expenses and financial losses in case of injuries.

Consulting an Insurance Professional:

The amount of coverage you need can vary based on several factors, including your vehicle’s value, personal financial situation, driving habits, and state minimum requirements. Consulting with a qualified insurance professional is highly recommended. They can assess your needs and recommend the right coverage levels and policy options that best suit your specific circumstances.

Remember, having the right auto insurance is an investment in your financial security and peace of mind. By understanding your options and seeking professional guidance, you can make informed decisions to ensure you’re adequately protected on the road.

One of the first questions our injured clients ask is: Who pays my medical bills?  This question is always on our client’s minds. We hear it whether the injury occurred in an auto accident, a bicycle collision, a truck crash or any other type of on the road incident.  That is why we talk about this issue regularly. Like so many other parts of the personal injury arena, the answer is: “it depends.”

There are lots of different types of insurance coverage involved when a collision occurs. Among the many potential payers are your own (or the driver’s) auto Medical Payments (“med-pay”) coverage. If the driver is from a neighboring state there might be Personal Injury Protection (PIP) from auto insurance. There is also your health insurance; Medicaid, Medicare or, eventually, you.

Notice what’s missing? That’s right the bad guy and his insurance company. The bad guy may ultimately be responsible for the bill. Initially neither he nor his insurance will help you. There is sometimes a small exception to this if you are a cyclist or a pedestrian hit by a vehicle. If the bad guy has the right type of med-pay coverage you might get some medical bills paid.

Generally, it is YOUR Obligation to pay for your medical care. BUT there are some types of insurance coverages that exist to help you deal with that obligation.

The Insurance On The Car In Which You Were Injured.

If you were injured in an Idaho car crash, hopefully the car you were in was covered under a med-pay policy.   This is optional coverage in Idaho. When you are injured in an Idaho car accident, you become an “insured” of the car in which you were riding.  The benefits and restrictions applicable to med-pay coverage differ among the car insurance companies

Med-Pay is a type of auto insurance coverage that pays medical bills after an accident injury regardless of which driver was at fault. The exact benefits and restrictions applicable differ among the car insurance companies. In Idaho, it is the primary coverage. This means the med-pay benefits of the insurance policy must be exhausted before health insurance will pay. PIP is sold in some neighboring states but not Idaho. It is similar to med-pay but often has a wider range of benefits. In some cases it pays for things in addition to just medical bills.

A few companies sell med-pay policies that follow you. That means if you own a car and have that type of med-pay coverage your coverage will also provide benefits. Thus, it might apply if you were injured in another person’s car. If you own your own car with med-pay a few companies allow you to make a claim for medical benefits.

Some med-pay coverage provides medical benefits to any one “in, on or alighting from” a vehicle. Some of the companies who sell those polices interpret a pedestrian or cyclist struck by the vehicle to be i”on the vehicle. Thus, in that instance the insurance applies.

Your Own Health Insurance

Your health insurance will pay your medical bills from a Idaho car accident. In a collision, it is secondary coverage. That means you have to first use up any applicable med-pay.

There are advantages to using health insurance if you are injured in an Idaho car accident.

One is discounts. Health insurance companies get discounts from hospitals and doctors. So the amount they pay is less than the full amount of the bill. This benefits you when it comes time to pay them back. Med-pay on the other hand usually has to pay full price for care.

The other advantage is it stops interest charges. Medical bills accrue interest like any other outstanding bill. If you wait to pay your medical bills until your injury case settles you may end up paying a lot of money in interest. And there is the possibility of a collections lawsuit if the bill does not get paid.

If your health insurance pays and you later get a settlement from your Idaho car accident the law generally requires that you pay back your health insurance. This called a claim for reimbursement. It is often referred to as “subrogation.” (Although that is technically wrong in many cases.)

Handling the repayment portion of an injury case can be one of the most complex parts of a claim. There are a wide-variety of contractual and equitable rules that apply. There are also federal laws and state laws that impact how much the insurance company can claim.

Medicaid-Medicare And Medical Payments For An Injury Accident In Idaho

Medicare and Medicaid are state and federal medical insurance programs that help pay the medical bills of people who are eligible. If you are in these programs they will make some payments. Like private health insurance, you have to pay back the government when you resolve your injury case.  Dealing with the Centers for Medicare and Medicaid Services can be a bureaucratic headache. A statue known as MMSEA is an area with a variety of technical legal issues that apply to these cases.

Your Own Cash

Unfortunately, if none of the above payers is there to help, you are obligated to pay your own medical expenses.  This can cause substantial financial impacts for injured people.

Uninsured Motorists Coverage

If you have purchased uninsured motorists coverage and the bad guy does not have insurance,  then your own insurance may be obligated to reimburse you.  Your medical expenses and other losses can be submitted on an as incurred basis to obtain benefits.  Idaho law gives the carrier only 60 days to pay an amount justly due.

The Bad-Guy Who Caused Your Car Wreck

If there was negligence, a lawyer can get your money back after your Idaho car accident. Injury claims can take time. Often its several years or more. So, if possible, find a way to get your bills paid with one of the other methods. That avoids interest and possible collections lawsuits. (Not to mention stress.)  In the end, though all the earlier forms of payment will also be “paid back” if you recover sufficient funds from your injury.

So “Who Pays My Medical Bills After A Car Crash”?

This depends on the specific facts of your case, including whether you are partially at fault for the accident, whether you had pre-existing injuries similar to those that you received in the accident, how badly you are injured, and how quickly you supply needed information to the attorney. If there are complicating factors that the insurance company can grasp onto to pay you less money, this can delay a fair settlement. Sometimes it takes a little bit more time to persuade an insurance company to rethink its position on a claim. Also, some insurance companies take longer than others when handling personal injury claims. Even within the same insurance company, you will find that some claims adjusters are more responsive than others.

The short answer is no. Other than with a police officer or medical provider, it’s better to not speak to anyone about the accident. Never speak to are presentative from an insurance company about the accident. If you are unsure of whether you should talk to someone about your accident, then you probably should not. When speaking to a police officer or investigative officer about an accident, stick to the facts. If you are unsure of a fact, do not guess. If you guess about a fact and are wrong, this can help the insurance company. After an accident, hire an attorney right away to advise you on giving statements. An attorney can step into your shoes and communicate with the insurance company in a way that helps your case.

In most cases, you do not want to post anything on social media regarding the facts of the accident or your injuries. In fact, during the pendency of your case, take a break from all social media. Insurance companies will find you on social media and look for any content that will undermine your case. It is always better to just stay off social media until your case is finished.

Idaho operates under a comparative fault system, which means that even if you were partially at fault for the accident, you may still be eligible to recover damages. However, your compensation will be reduced based on your percentage of fault. For instance, if you were found to be 20% at fault and the total damages were $50,000, you would be eligible to receive 80% of that amount, which is $40,000.

Not usually. In almost all cases, your health insurance company will need to begin paying bills when you begin treating. If Personal Injury Protection (PIP) is available, then your health insurance company will begin making payments once PIP is exhausted (for more information on PIP, see What is No Fault Insurance and PIP?) If you do not have health insurance, then you will need the help of an attorney to find doctors and medical providers that will treat your injuries and who will postpone payment of medical bills until you receive a settlement. Otherwise, medical bills can pile up and cause great stress in your life.

There are generally two insurance systems for car accidents: fault and no-fault.

With the no-fault system, if you’re injured in an accident, your own insurance will cover your injuries or damages, irrespective of who caused the accident. This means there’s usually no need to prove the other driver was at fault. However, it’s essential to understand the scope and limitations of this coverage.

PERSONAL INJURY PROTECTION (PIP) EXPLAINED

Often referred to as no-fault car insurance, PIP is a crucial component in many no-fault states. This insurance typically covers:

– Medical bills related to the accident
– Lost wages if injuries prevented you from working
– Necessary services you couldn’t perform because of the accident, like driving
– Funeral costs in unfortunate events

However, there are some coverage limitations. For instance, PIP doesn’t usually cover expenses beyond your policy’s limit or non-economic damages like pain and suffering.

SITUATIONS WHEN YOU MIGHT CONSIDER A LAWSUIT

Although no-fault insurance offers benefits, there might be times when you’d want to file a lawsuit for additional compensation. To do this:

1. Your injuries must be severe, such as a significant disability or noticeable scarring.
2. Your medical expenses need to surpass a set amount.

The specifics differ between states, but having an experienced attorney can help navigate these nuances.

DO YOU NEED LEGAL SUPPORT FOR NO-FAULT CLAIMS IN IDAHO?

While not strictly necessary, having an attorney by your side during a no-fault claim can make a world of difference, especially if injuries are severe or there’s a dispute. Your insurance company’s main goal is to save money, which could sometimes conflict with your best interests. A skilled lawyer can guide and advocate for you, ensuring you’re treated fairly.

REACH OUT TO A TRUSTED IDAHO CAR ACCIDENT ATTORNEY

Understanding the intricacies of no-fault claims and insurance nuances can be complex. If you’ve been in a car accident in Idaho, it’s essential to be informed and get the compensation you deserve.

When you or a loved one are involved in a car accident, the immediate aftermath can be overwhelming. Amidst the chaos, it’s crucial to be aware of the legal time constraints within which you must act to protect your rights. Idaho’s statute of limitations for car accident cases is a critical factor that can significantly impact your ability to seek compensation and justice. In this article, we’ll explore the intricacies of Idaho’s statute of limitations for car accidents, the requirements associated with it, and the importance of seeking legal assistance promptly.

What is a Statute of Limitations?

A statute of limitations is a legal rule that sets a specific time period during which a lawsuit can be filed after a particular event has occurred. In the context of car accident cases, it establishes the time frame within which an injured party can initiate a lawsuit against the responsible party. Once this time period expires, the injured party generally loses the right to pursue legal action related to the accident.

Idaho’s Statute of Limitations for Car Accident Cases

In the state of Idaho, the statute of limitations for personal injury claims, including car accident cases, is generally two years from the date of the accident. This means that you have a limited window of time to file a lawsuit seeking compensation for injuries, property damage, and other losses sustained in the accident. It’s important to note that if you fail to file a lawsuit within this two-year period, your case may be dismissed by the court, and you may lose the opportunity to pursue the compensation you deserve.

Requirements and Considerations

While the two-year statute of limitations serves as a general guideline, there are important considerations and requirements to keep in mind when dealing with car accident cases in Idaho

Date of Discovery: In some cases, injuries or damages resulting from a car accident may not become apparent immediately. Idaho law recognizes the “discovery rule,” which allows the statute of limitations to start running from the date when the injured party discovers, or reasonably should have discovered, the injuries or damages.

Government Entities: If the accident involves a government entity, such as a city or county vehicle, different rules and deadlines may apply. Claims against government entities often require specific notices to be filed within a shorter time frame than the general statute of limitations.

Shared Fault: Idaho follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced proportionately. However, if you are deemed to be 50% or more at fault, you may be barred from recovering any compensation.

Insurance Deadlines: While the statute of limitations pertains to filing a lawsuit, it’s important to be aware of deadlines set by insurance companies for reporting accidents and making claims. Failure to adhere to these deadlines could affect your ability to obtain compensation through insurance.

The Importance of Acting Promptly

Given the time-sensitive nature of the statute of limitations, it’s crucial to take prompt action if you’ve been involved in a car accident in Idaho. Delaying the process can have significant consequences, including:

Loss of Evidence: Over time, evidence such as accident reports, witness statements, and medical records can become harder to obtain or may be lost altogether. Acting promptly ensures that vital evidence is preserved to support your case.

Witness Memory: Witnesses’ memories of the accident may fade with time. Interviewing them and documenting their statements as soon as possible after the accident can strengthen your case.

Legal Strategy: Consulting with an experienced car accident attorney early on allows for the development of a strong legal strategy tailored to your specific circumstances. This strategic approach can enhance your chances of a favorable outcome.

Car accidents can be traumatic experiences that extend beyond the legal aspects of the case. In addition to understanding and adhering to Idaho’s statute of limitations, it’s important to consider the emotional and financial toll that accidents can take on individuals and families. Let’s delve into these aspects and explore the steps you can take to cope with the aftermath of a car accident.

Emotional Impact

The emotional aftermath of a car accident can be profound. Survivors often experience a range of emotions, including shock, anxiety, anger, and even symptoms of post-traumatic stress disorder (PTSD). Witnessing or being involved in a traumatic event like a car accident can leave lasting psychological scars that affect daily life, relationships, and overall well-being.

It’s crucial to acknowledge and address these emotional challenges. Seeking support from mental health professionals, counselors, or support groups can provide a safe space to process feelings and develop coping mechanisms. Loved ones should also offer understanding and patience to those affected by a car accident, as emotional healing can take time.

Financial Burden

The financial repercussions of a car accident can be overwhelming. Medical bills, vehicle repair or replacement costs, lost wages due to time off work, and ongoing treatment expenses can quickly add up. Navigating insurance claims and negotiating with insurance companies can be complex and time-consuming, especially when dealing with injuries and emotional distress.

To mitigate the financial burden, it’s important to take the following steps:

Seek Medical Attention: Even if injuries seem minor, it’s crucial to seek medical attention promptly. Some injuries may not be immediately apparent, and delaying treatment could worsen the condition and complicate insurance claims.

Document Everything: Keep thorough records of medical treatments, expenses, and communication with insurance companies. These records will be valuable when seeking compensation.

Consult an Attorney: While the statute of limitations sets a legal deadline, seeking legal assistance goes beyond ensuring timely filing. An experienced attorney can guide you through the process, handle negotiations, and fight for the compensation you deserve.

Review Insurance Coverage: Understand your insurance policy and coverage limits. Having adequate coverage can alleviate financial stress in the event of an accident.

Budget and Financial Planning: Develop a budget that considers potential expenses related to the accident. This can help you manage your finances and make informed decisions about settlements.

If you or a loved one are involved in an accident, the first priority is to seek medical treatment as soon as possible and for as long as needed. If you have ANY symptoms, do not refuse medical treatment at the scene. Inform the first responders of every symptom and injury. Do not assume that they are document everything that you are feeling. You need to tell the paramedics and doctors everything that hurts. After you are discharged from the doctor or hospital, continue to follow up as long as needed until every symptom is adequately addressed or resolved. Do not assume that your doctors will take care of everything for you. You need to tell the doctors how you are doing. If something is still bothering you, get an appointment and treat for it. 

Contact an experienced personal injury lawyer, right away. A good personal injury attorney will make sure you are getting good medical treatment, coordinate medical bills, investigate the accident, and deal with the insurance companies right away. You need to focus on getting better. Have a family member or friend take photographs and video of the scene as soon as possible after the accident. Do not rely on an investigating authority to do this. Police officers don’t always take photographs and they rarely take video.  

Do not give any recorded or unrecorded statements, except with a police officer or treating provider. When giving a statement, be as brief as necessary to convey the necessary information but no more. Do not guess about what happened. If you guess, you can be wrong, and this can effect the outcome of your case. For example, you may be asked how fast the other car was going in an automobile accident. Unless you saw the speedometer of the other car, which you most certainly did not, do not guess the speed. Instead, give a broad description, such as, “The car was going much faster than the other cars,” or “He came out of nowhere.” Always be truthful. Sometimes, saying “I don’t know,” is the only true, accurate answer.   

Keep all evidence. If you think it has anything to do with the accident or was in any way a part of the accident, do not get rid of it. Things you may not believe are relevant and important can become very important.

When someone is negligent, he or she does something or behaves in a way that is unreasonable. For example, if I leave a saw blade in my front yard while children are playing in the yard, most of us would agree that I should not do that. Doing so would be unreasonable. Most of you would require that I put the sawblade in a place that is not accessible to children. This would be reasonable.  

If a child then picked up the saw blade and cut herself, I could be liable for her damages because I was negligent.

In the unfortunate event that you have a family member die in an accident, you may bring a “wrongful death” claim against the responsible person. Typically, for married people, the spouse makes the claim for herself/himself and children, if any. If the decedent had no spouse, then any heir may make the claim. An heir may be a child, parents, or sibling. In a wrongful death claim, the family members may claim damages for losing the financial and emotional support of the decedent. For example, if 3 children lost their father in a tragic construction accident, and the father was supporting each of the children with his wages, then the children can make a claim for their financial loss. If the decedent incurred medical bills as a result of the accident, then the family members may recoup the cost of those bills. Additionally, if the decedent suffered during the remaining part of his or her life, then the family may recover money for that suffering.

Unfortunately, it may take months or years to receive a settlement or award from the responsible party. Until then, without health insurance, you are stuck with the bills. Make sure and ask and apply for any discounts they offer for “self-pay” patients. Most hospitals offer these discounts and often doctors associated with these hospitals will offer the same or similar discount. These can be substantial.  

No. We only get paid if you get paid. If you lose your case or are unable to receive money in a settlement, then we eat all of the cost. You will never have to paycosts or attorney’s fees out of your own pocket.

People who have been in a car accident injury in Boise make some ordinary mistakes that come usually from being really decent folks. They don’t make these mistakes because they want to make these mistakes, they make these mistakes because they don’t understand the situation they’re in. For example, one is talking to that insurance company right away without having spent the time to understand what the person who caused the Boise, Idaho car accident, did and what that insurance company is trying to do to protect him. They’re not here to protect you when they represent the other person. Whether it’s one of the big insurance companies or the small insurance companies, whether it’s a commercial insurance company for a commercial carrier or just a private auto insurance company, they’re all trying to minimize what they pay you. When they talk to you, they’re looking for things to use against you. Talking to insurance companies without preparing is one of the number one mistakes people make in their Boise, Idaho car accident cases.

Another one of the mistakes that we regularly see people make is not treating their medical course of care as they should in a Boise, Idaho car accident case. You need to treat your medical course of care not just as medical care. It also amounts to a diary of what’s actually happened to you. The documentation in your medical records will be the most important straightforward documentation in the case. Recognize that insurance companies and insurance adjusters are big bureaucracies, and they need certain things. One of the things they need is documentation. If you have a problem, report it to your healthcare provider. Make sure it gets in your record. Otherwise, later, when you’re trying to claim that problem further on in your case, if you haven’t reported it, the insurance company will point to your medical records and say, “It’s not here, so we don’t believe it happened.” It doesn’t matter that you’re telling the truth. What matters is that you didn’t get it documented in time.

Another mistake involving medical care is not doing everything your doctor says. Sometimes people choose to not follow the course of care that their healthcare provider wants them to follow. You have a right to do that, but in a personal injury case you want to follow your healthcare provider’s direction and guidance to a T. Otherwise, the insurance company is going to try to use that against you and say, “See? If you had just done what they said, you would’ve been better sooner, so your claim doesn’t have full value; your claim has reduced value.”

Those are some of the basic mistakes. There are lots of other little things that people do wrong because they don’t understand the situation, because they haven’t been through a collision case or an injury case in Idaho before, but those are probably the big ones. We’re happy to talk to you about your situation, if you want to give us a call, at any time. We’re happy to give your case a review and give you our evaluation of your situation.

A personal injury is a civil case. It’s not a criminal case where someone can be convicted of a crime and go to jail. Instead, a civil lawsuit can result in a finding of responsibility that makes the responsible party pay money to the victim. There are lots of types of cases that are personal injury cases like car accidents, slip and falls, dog bites, and defective product accidents. When one person gets hurt because another person or company acts negligently, the victim has a personal injury case.

Every case depends on the unique set of facts present in the case. An experienced injury attorney can give you more specific answers to these questions based on the actual circumstances of your case.

An attorney helps you handle each step in the case in a calculated way to help you get the result that you’re looking for. Your lawyer will take the time to get to know you, your priorities, and the details of your case. They can then guide you through the process to get the maximum compensation possible. They will handle all communications with your insurance companies, medical providers, and other attorneys.

You can file a civil lawsuit without an attorney. However, if you bring your case on your own, you’re subject to the same standards as you would be if you had an attorney. You must follow the formalities for your case filing documents. The rules of discovery, admission of evidence, and civil procedure all apply to you. If you make a mistake, it may unravel your case even if you have a great case. While you can file a civil lawsuit without an attorney, your best bet to recover the maximum amount possible is working with an experienced attorney.

When hiring a personal injury attorney, they will try to resolve your personal injury case outside of the court system first. They will send a letter to the responsible party or their insurance company detailing the event where you were injured, your injuries, and any supporting medical and billing records. Your attorney will then negotiate with the insurance company or their attorney as to the severity of your injuries and the value of your claim. Often a matter can be resolved in this way without a case ever being filed with the court.

If initial negotiations aren’t proving successful, your attorney will file a legal complaint in the appropriate court. This will often accelerate negotiations with the insurance company. If your attorney and the insurance company cannot come to an agreement, the case will progress through the judicial system.

Depositions would be scheduled, expert witnesses would be retained, evidence gathered, and your attorneys would start on the path for preparing your case for trial. Attorneys for both parties would continue trying to reach a settlement throughout this process and prevent the case from going to trial, which can be expensive and burdensome for everyone involved.

Most personal injury cases don’t go to trial. Most resolve by settlement before the trial date arrives. A case is most likely to go to trial when the facts are in dispute or when there’s a contested legal issue, and the court may rule either way.

The more carefully you build your case, the more likely it is that you and the other party can agree on the strength of your evidence and reach an appropriate settlement. If your case is in the minority of cases that go to trial, your attorney can help prepare you for what to expect.

There’s no way to precisely value your claim, but we can guess the approximate value. The value of your claim includes your economic damages like costs for medical treatment, lost wages, paying for help you need around the home, and physical therapy. Your attorney can give you an approximate value once they have all the facts surrounding your case. Your attorney will ask for compensation higher than anticipated so that after negotiations they will arrive at a fair amount.

No, pain and suffering doesn’t include medical bills. But you have a right to claim full compensation for all your medical bills as part of your injury case. In fact, any pain and suffering compensation is on top of and in addition to your compensation for medical bills.

Fair compensation for pain and suffering is proportional to your injuries. The more severe and permanent your injuries are from the accident, the higher your pain and suffering compensation must be to be fair.

You may still have a case even if you do not feel hurt at the scene. Your body’s response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.

The shortest cases resolve in only a few weeks and without any formal litigation. Sometimes, your attorney can work directly with the other party or the insurance company to reach a swift resolution.

In other cases, litigation can continue for a year or more. Most cases fall somewhere in the middle. The more complicated your case and more severe your injuries and medical treatment, the longer you can expect it to take. You have some control over the length of your case because it’s up to you to accept or reject settlement offers.

1. Do not admit fault for the incident and refrain from discussing it with anyone but your attorney
2. Take photos of your injuries
3. Visit a doctor if you haven’t already
4. If you have visited a doctor, follow their care plan, and attend all follow-up appointments.
5. Write down a narrative of what happened while it’s still fresh in your head
6. Make a list of witnesses and their contact information if you know it
7. Follow any additional instructions from your attorney

You should not speak with an insurance adjuster or someone else involved in the litigation. They may seem friendly and sympathetic, but they are almost certainly trying to coax statements from you that would reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact your attorney, if you have retained an attorney, or contact your insurance company, if you do not have an attorney. The same points apply if an attorney for someone else contacts you.

A statute of limitations is the time limit that you have to file a Complaint in the case. For most personal injury cases in Idaho, the statute of limitation is two years. You’ve made it within the time limit if you get your case filed even one day before the period of limitation expires. Be aware that other states can have statutes of limitations between 1 and 6 years.

If you live in Seattle, Washington, and you are injured while on vacation in Idaho, your first thought would probably be to hire a personal injury attorney in Washington.

In most cases though, you will be required to file a lawsuit in the state where the accident occurred. Attorneys are required to be specifically licensed before they can handle a case in that state. This is the case for not only personal injury lawyers, but all types of lawyers in the United States. In most cases, you would want to hire an attorney local to where the injury occurred.

Most personal injury attorneys work on a contingent basis. This means that they do not get paid for their services unless they help you reach a settlement. If you succeed in your case, they take a percentage of your recovery for their services. This means it is in the attorney’s best interest to help you get the best outcome possible.

The damages that you can recover if you were partly at fault depend on the state where you live. Only a few states don’t let a victim recover any damages if they were at all at fault. In some states, you will be able to recover damages if you were not 50 percent or more (or sometimes 51 percent or more) at fault. In other states, including Idaho, you will be able to recover damages if you were not completely at fault.

The damages will be proportionate to the defendant’s degree of fault. The rules in this area are technical and state-specific, so you should consult an attorney for further guidance.

Since the insurance for the defendant will not pay bills until liability is established, you will need to cover these expenses initially. You may be able to use Personal Injury Protection (PIP) coverage after a motor vehicle accident. Medical Payments coverage or health insurance coverage can apply after any type of accident. If you were injured on the job, you can use your workers’ compensation benefits. Any insurers likely have a right to be reimbursed from the proceeds of any eventual settlement that you receive. If you have no insurance, you should be able to find a doctor or hospital that will treat you under an agreement that they will be paid from your eventual settlement.

You are hiring your personal injury attorney only to help you with your bodily injury and the related communications with the insurance, attorneys, and medical providers.

Generally, personal injury attorneys are not responsible for navigating legal issues related to property damage, like damage to your vehicle, even though it is from the same accident or event. If you need guidance with this process, you can ask your attorney how they can help outside of your contingent personal injury matter.

Please consult with your tax advisor to determine whether all/any portion of settlement proceeds are properly excluded from taxation by the IRS.  The firm cannot and does not render an opinion on that issue.