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In a recent year, over 1,300 people suffered serious injuries in the Gem state. When a person sustains severe injuries, the victim may be entitled to recover for their losses.
The amount of financial compensation you can expect to receive from a car accident depends on various factors. There is no single amount that you can expect from a car accident claim.
Andrew Injury Law would like to give you an overview of factors that determine a car settlement, including what types of damages you may qualify for in a car accident.
After your car accident, the insurance company will conduct a thorough investigation to determine several factors.
Proving which driver is at fault will impact who will be fully compensated. In motor vehicle accidents, negligence is usually the culprit.
The insurance company has the task of deciding which driver caused the accident. In determining negligence, the insurance company must demonstrate the following:
Proving which driver is responsible for the accident is no simple task. Frequently, the actions of both drivers contribute to a crash.
Idaho follows the doctrine of comparative negligence, meaning that the claimant can only recover damages if they are less responsible for the accident than the other driver. A driver who is 50% or more liable, will be barred from recovery.
In any motor vehicle accident, your injuries may range from minor to severe. Someone who broke their wrist in a crash will probably receive less in damages than a person who suffered a traumatic brain injury.
Besides severity of your injuries, the extent that your injuries interfere in your life will be a significant factor in determining your settlement amount. A person who suffers a short-term disability will receive less than someone who suffers a long-term disability from an accident.
Correlating factors that will impact your settlement include:
The cost to repair your vehicle must also be taken into account. An insurance adjuster will most likely conduct an independent investigation and get an estimate to repair your vehicle. This estimate may not cover the cost to return to your vehicle to its pre-accident condition.
In filing your claim, you will want to get quotes from two to three qualified mechanics to submit to the insurance company.
If you purchased collision coverage, you will be able to repair or replace your vehicle if it is damaged in an accident. It does not matter which driver is at fault, and it can be used if the other driver does not have insurance. Most policies have a deductible that applies.
A car accident victim is entitled to receive compensation for their losses, known as compensatory damages. Compensatory damages may include:
This list is not exhaustive. It is important to discuss the specific circumstances of your case with a car accident lawyer to decide which damages and what amounts you should request from an insurer.
Idaho requires drivers to carry the minimum insurance liability coverage:
Depending on how much coverage the other driver is carrying, you may be able to collect more on your personal injury and property damage claims.
Car accident claims can range from hundreds to millions of dollars. There is no way of knowing what your car accident claim is worth until several factors are investigated. If you need any guidance or would like for us to handle your claim, contact us today.
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
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