Personal injuries happen daily. They may be self-inflicted, accidental or caused by a third party. If the accident is caused by a third party, whether knowingly or unknowingly, the victim is within their right to demand for compensation for hospital bills and other expenses incurred. However, in order to get any compensation, they must prove negligence on the side of the other party. In most cases, it is prudent to hire a personal injury attorney to handle the case and demand compensation through settlement, or trying the case in a court of law. There are many lawyers operating in the capital city of Idaho, some are located within the city while others are minutes from downtown Boise.
A huge number of personal injury cases and claims are settled even before a lawsuit is filed. Others are settled during the period of trial preparation while others are settled on the steps of the courthouse. This is because many defendants do not wish to have their names and establishments drugged through the mud in a messy court case. The main advantage of hiring a personal injury lawyer is to quickly and amicably resolve a case and get compensation for the victim.
Common Types of Personal Injury Cases
Today, there are as many personal injury lawsuits as there are personal injuries. However, for these cases to be valid, the victim must prove that the defendant’s negligence caused the accident. Some of these accidents include:
1. Car accidents
2. Slip and falls
3. Workplace accidents
4. Medical malpractice
5. Animal and pet bite injury cases
6. Assault and battery
7. Dangerous and defective product injuries
8. Wrongful death
9. Chemicals and toxins
10. Defamation: slander and libel
11. Construction accidents
12. Sports and recreational accidents
Personal Injury Basics
For one to claim personal injury compensation, they must prove that the cause of their physical or mental harm was because of the negligent or willful behavior of another. The law holds irresponsible persons and entities fully accountable for all their actions and allows the victims to recover damages which resulted from the incident or accident. Victims often receive compensation for medical bills incurred, lost wages, prescription drugs expenses, rehabilitation costs, pain and suffering as well as the loss of future income.
Often, many people do not really understand all the details of Boise personal injury laws. For this reason, victims tend to accept lower offers from insurance companies or face long, tedious, and expensive legal battles. Therefore, getting an experienced personal injury attorney is generally a good idea. They not only represent clients in court but often protect them from unscrupulous insurance companies and speed up the compensation and settlement process.
While it is true that most attorneys have expensive retainer fees, many who deal with personal injury law accept a contingency fee mode of payment. This basically means that they do not get paid unless their client gets paid. Despite this arrangement, it is recommended to the total fee arrangement in writing before making a hiring decision.
Information courtesy of All Law.
Laws and Statutory Rules Governing Boise, Idaho Personal Injury
If one is injured in Boise, Idaho, then they are entitled to compensation only if the other party is guilty of negligence. It is recommended to immediately consult an attorney who will advise the victim on what steps to take next in order to make their case strong and valid. In addition, they will prevent the victim from making mistakes that could potentially cost their case later. The state of Idaho has a 2 year deadline for filing a personal injury case. This period, known as statute of limitations, starts from the day that the accident occurs.
1. The Comparative Fault Rule
This rule applies only if the court assigns part of the fault (for the accident) to the victim. In this case, the total damages that one is allowed to collect are reduced by a percentage rate of the fault assigned to them. If this percentage falls under 50, then one will collect a reduced amount. If it is over 50 percent, the court allows the victim to collect damages from any other party at fault.
2. Fault System in Auto Insurance
When one is injured in a motor vehicle accident in Boise, then they have multiple options for claiming compensation. They can file a claim with their own insurance company, at-fault driver’s insurer or directly in court. This allows room for flexibility.
3. One Bite Rule for Injuries by an Animal
Here, the victim can only get compensation for injuries if they can prove that the owner of the animal should have known that it was dangerous. This is commonly referred to as a one bite rule.
4. Damage Caps
Damage caps are used to limit the total amount of compensation that an injured person may be awarded in certain instances. One common cap in Boise, Idaho, is the no-economic damages awarded for pain and damages. The state’s cap in injury cases is set at $250,000. However, this cap is not applied to economic damages like lost wages and medical bills.
It is important to hire a personal injury attorney as soon as one is hurt in an accident caused by the negligence of another party. With proper action and due diligence, it is easy to come to an amicable settlement or receive compensation for damages incurred during the accident from a court of law.