You pay nothing until we win
by Matthew C. Andrew - September 7th, 2023
If you have been in an accident, you probably have questions regarding the claims process and what happens if you need to hire a Meridian Personal Injury Lawyer.
Andrew Injury Law has compiled the five most commonly asked questions and other need-to-know information regarding personal injury cases in Meridian.
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:
A Nampa 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:
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:
A Nampa personal injury counselor 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.
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.
Attorneys’ billing varies based on the area of law they practice. Albeit, personal injury lawyers in Boise, ID, 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.
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.
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.
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.
A contingency fee is a type of payment arrangement that our Idaho personal injury firm uses. It is an agreement with our clients where our attorney’s fee is contingent upon the successful outcome of the case. In other words, we only receive payment if we win the case or secure a favorable settlement for you. That payment comes from your final settlement or award, so you never need funds from your own pocket to pay us.
Under a contingency fee agreement, Andrew Injury Law also typically covers all the upfront costs associated with your case, such as court fees, document preparation, expert witnesses, and investigation expenses. These costs are then recouped from the final settlement or judgment if the case is successful.
We use contingency fees to provide access to justice for those without the financial means to afford legal representation. It allows everyone to pursue a personal injury claim with the right legal help – and without worrying about the added cost.
Read more about contingency fees here.
Personal injury damages refer to the compensation you might be entitled to if you suffered harm due to the wrongful conduct of someone else. The law provides relief for such injuries in the form of monetary damages.
Damages can fall into different categories:
Economic damages – These compensate for financial losses you can prove with bills or receipts. They often include medical bills, lost income from missing work, out-of-pocket injury-related costs, future expenses and lost earnings, and more.
Noneconomic damages – Some losses are not tied to bills or expenses, but you still deserve compensation for them. Some intangible and noneconomic damages include pain and suffering, mental trauma, and permanent disabilities or disfigurement.
Punitive damages – These do not apply in every case. However, if the party that caused your injuries acted so egregiously that the court decides to impose additional liability, the court may award punitive damages to you up to a certain amount. These are not tied to your specific losses, but instead the conduct of the defendant.
Read More: Is Idaho a No-Fault State?
States set deadlines for taking legal action called statutes of limitations. Once the deadline passes, you cannot file a successful claim. In Idaho, the statute of limitations is two years from the date of the injury, and there are few exceptions to this time limit.
The purpose of a statute of limitations is to ensure that legal actions are initiated within a reasonable period after the injury occurs. It provides a degree of certainty and finality to potential legal disputes and helps ensure evidence is reliable and does not weaken over time.
However, the statute of limitations also means you need to act fast following a personal injury. There is much to do before filing a lawsuit, so always seek help from Andrew Injury Law as soon as you know you have injuries and suspect someone else was at fault.
Read more about the Idaho statute of limitations here.
Naturally, you want to know how much money you might expect for your injuries and losses. Settlements and awards can vary widely – ranging from a few thousand dollars to multi-millions. Unfortunately, there is no way to advise what your claim might be worth without fully evaluating your circumstances.
Some factors we consider when determining the value of your claim include:
The insurance company will undervalue your claim – but we never will. You can trust Andrew Injury Law to fight for the total compensation you need and deserve.
Read more about how a personal injury claim in Idaho is calculated here.
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