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If you or a loved one has been seriously injured, please fill out the form below
for your free consultation or call us at 208-517-7670
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Car accidents cause devastation, including injuries, fatalities, and property damage. Idaho personal injury laws allow injured victims to pursue compensation from the negligent party who caused the accident. Their rights withstanding, injured victims often find it challenging to deal with the aftermath of a car accident. The input of a legal professional is therefore crucial in understanding their rights and suitable steps to take after the crash. Consult a trusted car accident attorney in Coeur d’Alene from Andrew Injury Law for legal insights on navigating the aftermath of a crash.
Your actions after a car crash can enhance your safety and protect your right to compensation.
Take steps to ensure your safety and others involved in the crash. If safe, move yourself and the vehicle to the side of the road. If anyone has sustained an injury, call 911.
The following actions are also crucial in the aftermath of the crash:
According to Idaho statutes, a motorist should report a crash if an accident results in injury to or death of any person or damage to property worth more than $1,500. Despite the requirements within the law, informing the police about a crash is helpful. When the police arrive at the crash scene, they will generate a report you can rely on to initiate a personal injury claim.
You’re likely to sustain an injury even when involved in a minor crash. Further, the symptoms of some injuries are not immediately apparent after a car crash. An examination from a healthcare provider can reveal any hidden injuries. When a doctor evaluates your physical or mental harm, they can commence a treatment plan. More importantly, a healthcare provider will generate medical records crucial in ascertaining the extent of your injury.
You should inform your insurer about the incident if you are involved in a car crash with an uninsured driver. Sometimes, the uninsured driver may offer to pay the accident-related losses to avoid getting in trouble with the authorities. Even so, alert your insurer whenever you are involved in a crash. An injury that seemed minor may become severe, making it unaffordable to a driver who promised to pay. Your insurer can cover accident-related losses if involved in a crash with an uninsured driver. Your insurer will offer protection in case of an accident if your auto cover has uninsured motorist coverage.
You may be unsure whether to hire an attorney after a crash. Sometimes, parties involved in an accident opt to resolve the case independently or with their insurer. Despite your circumstances, working with an attorney enhances the chances of a positive outcome.
Consider engaging an attorney if involved in any of the following situations:
Here are a few benefits of hiring an attorney based in Coeur d’Alene from Andrew Injury Law:
You may be entitled to compensation if you are injured in a car crash caused by someone else’s negligence. However, you must prove fault by the defendant to obtain a favorable outcome in a personal injury claim. A car accident attorney based in Coeur d’Alene has a network of professionals they can rely on for investigations. For instance, they can work with investigators to obtain footage of the crash, a police accident report, and an analysis of the vehicle damage. Subsequently, they can rely on the investigations’ findings to file a personal injury claim or initiate a lawsuit against the at-fault party.
The aftermath of a car accident is an overwhelming experience dotted with medical appointments, calls from insurance companies, and legal complexities. Hiring an attorney allows you to focus on recovery as they handle the technical aspects of the crash. An attorney will take care of negotiations, paperwork, and court appearances, which frees you from the stress associated with the claim.
Many injured victims obtain compensation from the insurer of the at-fault party. Even so, some insurers make low settlement offers that barely match the losses of injured victims. If the at-fault party declines to cover the losses, your only option is to file a personal injury lawsuit. A car accident attorney can handle the legal aspects of suing the negligent party. They’ll present the evidence gathered to the jury, bring witnesses to the stand, and prove why you deserve a fair settlement value for your losses.
Insurer adjusters often try to take advantage of car accident victims by tabling low-settlement proposals that don’t match accident-related losses. An attorney will apply their skills and knowledge to evaluate the merits of settlement offers. They may also use negotiation skills to push for a higher settlement value that matches your losses. An attorney knows how to deal with persistent insurance adjusters by ensuring you receive up to the last coin you deserve.
The role of compensation is to reinstate the position of the injured victim before the car accident occurred. You can obtain three types of damages in a car accident claim: economic, non-economic, and punitive.
Here are the details of the applicable damages:
Economic damages compensate injured victims for their financial losses from the accident. The value of monetary damages you’re entitled to in a car accident is relatively easy to calculate because the individual items have a direct dollar value.
Examples of economic damages in a car accident include:
You may be entitled to compensation for the intangible losses associated with the accident. Because economic damages lack a direct dollar value, it is challenging to estimate the outcome. Depending on the facts and circumstances of your case, you can obtain various non-economic damages.
Examples of non-economic damages in a car accident claim include:
Emotional distress is a form of mental suffering as an emotional response that arises from the event or thoughts associated with the incident. If the events leading to the car crash were traumatic, you may be entitled to emotional distress damages. Similarly, the effect of an injury can be emotionally draining— for instance, learning you’ll never walk may be emotionally draining.
If you have any of the following symptoms, you may be eligible to claim damages for emotional distress:
Emotional distress doesn’t have to be tied to an injury. Depression, anxiety, post-traumatic stress disorder, and other mental conditions can arise from a car accident, even if there are no physical injuries.
There is no standard formula for calculating the value of non-economic damages. Insurers and car accident attorneys use two main methods to determine the value of car accident claims.
Under the multiplier method, an insurer multiplies the value of economic damages by a set number to determine your non-economic losses. The value of the multiplier can vary between 1.5 and 5, with those severe or long-term injuries qualifying for a higher multiplier.
The following factors may lead to a higher multiplier for your damages:
The per diem method determines the number of days your pain will persist and allocates a flat rate for present and future periods when you’ll be out of work. In most cases, the value of pain and suffering will be the day’s wages for each day you experience pain.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
After a car accident, many victims struggle with the timing of initiating a claim, which impedes their ability to obtain compensation for their losses. Understanding the applicable timeline in car accidents is essential to protect your right to compensation. Insurance companies apply varying timelines that policyholders must adhere to when filing car accident claims. If you file a claim later than the contract dictates, the insurer may reject your application for compensation.
Many insurance companies require you to notify them within 24 hours, while others require you to alert them within a few days. While the timelines may vary, you should notify your insurance provider immediately after the crash.
The statute of limitations is a law that dictates the legal deadlines for filing a lawsuit against the at-fault party. If injured in a car accident, you have until the end of the statute of limitations to initiate a lawsuit. According to Idaho statutes section 5-219, you have two years to ask the courts about a remedy for the physical or mental injuries resulting from the car accident. If you file a lawsuit beyond the two-year deadline, you may lose your right to compensation.
Here are a few exceptions that may apply to the 2-year deadline:
Special rules apply to car accident claims involving child victims. If a child below 18 years sustains an injury, the victim or their family will have two years from the date of the minor’s 18th birthday rather than the date of the car accident. Suppose the victim of a car accident was five years old at the time of the accident. In that case, the victim would have an additional 15 years to file a car accident claim.
You may have less than two years if your car accident claim involves a government agency or its employee. You must file a notice of claim within 180 days from the accident date. The notice must also comply with specific regulations, including a description of the incident, the nature of injuries, and the value of damages.
The full extent of a physical injury may not be apparent after the injury. If an injury isn’t discovered until later, you can initiate a car accident lawsuit two years after realizing the harm or when you should have reasonably known about the injury.
Your quality of life is likely to worsen after sustaining an injury in a car crash involving a negligent driver. You may incur hefty medical bills and miss days of work, leading to financial disruption. You, therefore, deserve representation from an experienced attorney who’ll aggressively fight for your right to compensation.
Andrew Injury Law is a highly skilled personal injury attorney with decades of experience representing injured victims. Contact us online or at 208-517-7670 for a free consultation.
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Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
The determination of fault in a car accident involves different factors and parties. Each party involved in the crash should provide accident-related information to facilitate the process. The bystanders at the scene of the collision can provide pointers on the liable party. As such, if you’re involved in a crash that’s not your fault, you must gather evidence related to the collision. Having proof of how the crash occurred can ensure the liable party compensates you for the damages.
Noting the following information may be crucial in establishing the at-fault party:
If the fault is not apparent from the crash scene, an attorney can look at the traffic cameras that recorded the crash. An attorney may also rely on the input of an accident reconstruction expert to determine the liable party.
The impact of car accidents causes sudden and traumatic force, which results in physical injuries. In other instances, the victim of a car accident can suffer mental health issues if the events leading to the crash were traumatic.
Here’s a list of common injuries that result from car accidents in Coeur D’Alene:
A car accident attorney can rely on medical records to demonstrate the extent of your injuries and negotiate for a fair settlement value that matches your losses.
Although you may be entitled to compensation for your injuries, you must take suitable steps to protect your right to compensation.
Here are the common mistakes to avoid when filing a car accident claim:
Interestingly, most victims of car accidents obtain compensation from the at-fault party without going to trial. With the input of a car accident attorney, you can enhance the chances of obtaining a fair settlement value during negotiations.
However, the likelihood of settling out of court depends on several factors, including:
You can file a car accident lawsuit if the at-fault party makes a low-ball settlement. A court hearing is an opportunity for a fair hearing.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case