Boise, ID – When someone is hurt in a serious collision, they may need to pay for a number of expenses related to medical treatment and not being able to earn their normal wages. Another part of their losses, which tends to be less specific, are non-economic damages related to emotional trauma and pain. Idaho has a unique law that puts an absolute cap on these kinds of damages, which is different from most other states where a victim can potentially receive a much larger damage award.
Anyone who was affected by the collision can speak with a lawyer about their situation, even if they have an auto insurance policy and have filed a claim to make repairs. Standard car insurance is usually insufficient to cover large scale losses and extensive medical treatment.
Filing a negligence action
After almost all accidents, the plaintiff’s lawyer files a lawsuit that alleges that person or business at fault was negligent. This type of case attempts to prove that the defendant breached their relevant duty of care and caused various kinds of injuries and losses. These losses are called damages by legal professionals. This element is the most important to many victims. Damages are really just another word for the amount of money that they can collect to try to bring their life back to normal.
Damages that are meant to compensate the victim
One part of damages that is available to a victim is economic or compensatory damages. These are amounts that can usually be easily discerned from the summary of things like medical treatment, property damage, lost wages, and continuing healthcare costs.
Statutory caps on damages in all personal injury cases
Idaho is unique in the sense that the state’s legislature has passed a law that put an absolute cap on non-economic damages. A victim cannot collect more than $250,000 for non-economic losses related to pain and suffering. This amount may vary slightly depending on the annual assessment of the living wage in the state. This is different from most other states, as non-economic damages can possibly go into the millions of dollars if someone has a permanent injury, a family member passes away, or the victim has a severely affected quality of life due to constant pain. With any accident, it is important to talk to a licensed lawyer before attempting to estimate the value of the collision.
Learning more about the process to consult with a lawyer and bring a civil lawsuit
USAttorneys.com is a directory that helps people all over the United States, including the Boise area, find a lawyer who can give them relevant advice and guidance. Victims who need legal assistance can choose their state and a practice area related to their issues to get immediate help.