Personal Injury

If you have been in an accident, you probably have questions regarding the claims process and what happens if you need to hire an attorney.

Andrew Injury Law has compiled the five most commonly asked questions and other need-to-know information regarding personal injury cases.

1.  How Much is My Case Worth?

Determining the worth of your personal injury case will involve proving liability and calculating your damages.

There are different types of liability, but in personal injury cases, negligence is usually the cause of the accident.

In determining negligence, the following must be proven:

• Duty: the party being sued (defendant) had a duty to take reasonable care
• Breach: the defendant breached his or her duty of care 
• Causation: the breach of duty caused the plaintiff’s injuries and other losses (i.e., lost wages)
• Damages: as a result of the defendant’s actions, the plaintiff has suffered measurable losses

A personal injury attorney has the task of calculating your measurable losses, known as damages. Damages can be either economic or non-economic.

Economic damages can be easily given a monetary value. Economic damages are losses that are a direct financial result of an accident. Economic damages are sometimes referred to as special damages.

Economic damages often include:

• Lost wages
• Lost earning capacity
• Past and future medical bills
• Long-term care 
• Property damage

In contrast, noneconomic damages negatively affect a person’s quality of life, but are non-monetary losses, making them subjective. Noneconomic damages are sometimes referred to as general damages.

Noneconomic damages often include:

• Pain and suffering
• Mental anguish
• Loss of consortium
• Loss of companionship, love, and support
• Disfigurement

A personal injury attorney will possess the skills to calculate the worth of any losses you have suffered. The attorney will include this calculation in a demand letter, which is sent to the insurance company, along with other information related to your accident.

2. How Long Do I Have to File a Claim?

In Idaho, there is a two-year time limit to file a personal injury claim. This is known as a statute of limitations. This time limit means that you must begin the claims process within two years of the incident, not that your case has to be resolved within that time.

Our legal system believes that a case should not be pursued against anyone once evidence is no longer reliable. A statute of limitations is put in place to protect anyone who may be privy to the lawsuit. 

Physical evidence, such as DNA evidence, will only be preserved for a certain timeframe. Witness testimony is only reliable for a certain amount of time as well. After two years, eyewitnesses may forget details about the accident. 

3. How Much Will This Cost Me?

Attorneys’ billing varies based on the area of law they practice. Albeit, personal injury lawyers normally bill on a contingency fee basis. The client will only pay if the case is decided in his or her favor.

Before your attorney agrees to represent you, you will sign a contingency fee agreement spelling out the payment terms. A contingency fee is normally 1/3 or 33% of the damages you recover. 

If you win your case, the attorney will take the contingency fee that was previously agreed upon. If you lose, neither you nor your attorney will receive anything. 

4. Do You Have Experience with Cases Similar to Mine?

When searching for the right personal injury lawyer, it is important to find someone who regularly handles cases relevant to yours. For example, if you were in a slip-and-fall accident, you want an attorney that handles premises liability cases. 

Most personal injury attorneys offer a free consultation to discuss your case. At this meeting, you should be given an opportunity at the end to ask about the attorney’s prior experience regarding similar matters.

5. Do You Think My Case is Worth Pursuing?

Most attorneys worth their salt will be open in telling you if they believe your case is worth pursuing. 

Many factors are considered in coming to this determination, such as having sufficient evidence to prove another person is responsible for the accident.

Just because you have a minor case doesn’t mean that an attorney will not want to take it on. Whether you end up taking a settlement or litigating your case in court, if an attorney feels that your case has substance, he or she will most likely want to pursue it.

An Idaho Personal Injury Attorney Looking Out for You

A personal injury can affect both your financial future and health. At Andrew Injury Law, we want to give you the tools necessary to make an informed decision regarding your situation. Contact us today to schedule your free consultation.