Idaho at-fault insurance
The terrific news is that Idaho is an at fault insurance state where the person who was at fault for the accident will be responsible for paying for any personal injury or property damage claim through their insurer. A victim of an accident can:
- File a claim with his or her own insurance company which will in turn claim reimbursement from the at-fault party’s insurer
- File a third party claim with the at-fault party’s insurer directly
- File a personal injury lawsuit
Before you do this you ought to consider speaking with one of our stellar Idaho accident lawyers, who can be plucked off the golden website USAttorneys.com which continues to turn virtual heads every day and help people out in real life as well, and not without good reason. Never expect the at-fault party’s insurer to approve of your claim. They may offer far less than you bargained for or delay or deny your claim. They may also overwhelm you with paperwork to throw you off track.
However, our legal experts will evaluate how much your claim is worth and make every effort with the insurance company or court to get you the compensation you deserve. Whether through negotiations and reaching a settlement with the insurer or by filing a personal injury lawsuit, our legal pros have the skills to protect you.
Help in all types of accident cases
Speaking of skills, we focus on several types of accident cases such as:
- Auto accidents including car/truck accidents such as rear-ends, head on crashes, t-bones, drunk/drugged driving accidents (DUI), and much more.
- Catastrophic injuries as a result from an auto/workplace/public place accident where the victim has suffered serious and debilitating injuries such as herniated disks, paraplegia; head, neck, brain, spine, and soft tissue injures.
- Wrongful death claims to compensate for economic and non-economic losses, pain and suffering, loss of consortium, etc.
- Slip and fall accidents.
- Product liability injuries.
- Dog bites/animal attacks.
- Boating accidents and more.
Let your legal representative do the legwork
You might be a novice in dealing with the various factors involved in an accident claim, but our legal counselors have considerable experience in negotiating all kinds of claims with a host of insurance companies. They are well aware of the kind of evidence necessary to support your claim, and how to go about collecting it in the form of police reports, medical bills and records, lost wages, employment information, and witness statements.
The next step would be to organize the evidence and draft a settlement demand letter to be submitted to the insurance company, and other necessary paperwork. This leaves you enough time to focus on healing rather than worry about negotiations or taking the claims process to court.
Now that you are aware of the benefits of legal help, take that all important step and call up one of our Idaho accident lawyers to take the lead in your accident case. You can do this by using the interactive map on USAttorneys.com.
Any issues? Send us your contact information via the contact form on our site and we will call you back pretty quickly. We want to help you make this right!
Experienced legal counsel in Idaho can help when accidents cause injury and property loss.
Accidents catch most people off guard, as they are unplanned, undesirable events that can lead to injury, property damage and wrongful death casualty. Other people may be the cause of an accident resulting in injury and loss, and the victim may not share any fault in the negative occurrence. In those cases, the law provides for compensation, or indemnity. Accidental injuries occur at work, on someone’s property, in the hospital, on vacation, during recreational outings, or in a motor vehicle, just to name a few common locations. Experienced accident lawyers in Idaho can effectively address an accident claim toward a court award, or an insurance settlement that will compensate a victim for their losses.
Injury was the fourth leading cause of death in Idaho in 2018.
Accidents were the fourth leading cause of death in Idaho in 2018 accounting for a total of 887 deaths, noting 248 from motor vehicle accidents and 235 related to falls. All types of accidents, including auto and motorcycle, personal injury, premises liability, medical malpractice, and worker’s on-the-job injuries cause legal action in pursuit of economic, and non-economic damages in Idaho.
Motor vehicle.
Idaho is a “fault,” state with regard to auto accidents, and requires drivers to carry a minimum amount of property damage and liability auto insurance. The State of Idaho follows the modified comparative negligence rule, meaning you can file a car accident claim against the other driver, even if you are partially to blame for the accident, so long as the other driver was more at fault than you. Injured parties have the right to pursue compensation, whether they were walking, riding, or driving when the accident occurred in Idaho, but must adhere to the restrictions of the modified comparative negligence rules of the State.
Negligent acts that include speeding, distracted driving, or drunk driving may have a criminal component that will have to be addressed first but may strengthen the proceedings for the civil action. A lawyer’s involvement may speed this process along, and compensation will vary depending on insurance coverages and degrees of fault assigned to each driver. There is a two-year time period to file a suit after a motor vehicle accident in Idaho, referred to as the statute of limitations, although there are some exceptions to this timeline. An attorney can outline those variations based on the particulars of a case.
Personal injury.
In personal injury cases, negligence will need to be proven if a victim is trying to recover damages from another person, or entity they believe acted, or failed to act, resulting in their injury. The recovery of damages rests on proof that the other individual, or entity was the cause of the injury and owed a duty of care to the victim.
Premises liability.
Premises liability claims address injuries that occurred on another’s premises and may be covered under homeowners’ insurance. If the injury is a result of poor conditions on the property, improper maintenance, or upkeep of the property, including negative interactions with occupants and animals on the premises, the property owner’s responsibility to provide a duty of care to the injured person will need to be proven, along with the reason they visited the premises. An invitee is owed a duty of care, but a trespasser may not be owed that same duty.
Medical malpractice.
Medical malpractice occurs when an individual is injured while under the care of a health care provider. Idaho does not have a state statute that caps damages specific to medical malpractice cases, but it does for tort action where a victim cannot collect more than $250,000 for pain and suffering. Damages like mental anguish, disfigurement, and loss of enjoyment of life and concrete damages that include medical bills for instance are not capped in Idaho. The initial statute of limitations is two years to file a suit, but there are exceptions and legal counsel can advise regarding individual cases.
Workers’ compensation.
Workplace injuries can result in serious economic hardship for the worker and their family because of a loss of income, unexpected medical bills, physical pain, and/or resultant disabilities. Worker’s compensation is in place to support injured workers and a skilled attorney may be of assistance in filing a claim with the Idaho Industrial Commission. Injuries may be caused by an accident that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death.
What can a victim recover from other accident injuries?
Compensatory damages include an award of money to compensate:
- Economic damages including present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages include pain and suffering, mental anguish, and loss of consortium or companionship.
Punitive damages.
Punitive damages may be awarded against negligent acts that leave an accident victim with injury and other losses, but they are limited to the greater of two hundred fifty thousand dollars, or an amount which is three times the compensatory damages of a judgment. Victims must prove by convincing evidence, that oppressive, fraudulent, malicious, or outrageous conduct by the other party resulted in the claim for harm.
Legal action after an accident.
Accident victims in Idaho can minimize apprehension by hiring an experienced accident attorney in Idaho, who can objectively speak on their behalf in a courtroom, or against an insurance company’s legal team and track agency and court filing timelines toward a swift and fair monetary settlement.
