You pay nothing until we win
Fault is a vital concept in many personal injury claims because it determines who should be responsible for the accident or incident that caused injury. To file a personal injury claim, the injured party must demonstrate that the other party was to blame and that their negligence caused their injuries. The party who is deemed at fault for the accident is liable for paying for the damages incurred by the plaintiff.
While some states have no-fault car insurance laws, Idaho follows the traditional at-fault system, meaning the party who caused the accident is liable for the resulting damages. In this situation, a car accident attorney from Andrew Injury Law can help hold the at-fault driver’s insurance company accountable for covering the losses up to the policy limits.
When it comes to insurance regulations, the distinction between at-fault and no-fault states is key in determining how auto insurance claims are handled. The key difference is in the approach to assigning responsibility for an accident and the subsequent compensation process.
In at-fault states, like Idaho, the party deemed responsible for the accident is supposed to cover the damages incurred by the other party. This is commonly known as a tort system, where the at-fault driver’s insurance company compensates the innocent party for damages such as:
Conversely, no-fault states operate on a different principle. Regardless of who caused the accident, each party involved in the collision is required to seek compensation from their own insurance provider. This system aims to simplify the claims process and eliminate lengthy legal battles to determine fault. Personal Injury Protection (PIP) coverage is a common feature in no-fault states for providing coverage for damages, regardless of fault.
As of now, only 12 states adhere to no-fault insurance laws, while the majority follow the at-fault system. A lawyer will guide the victim based on the system followed by their state. Understanding these distinctions is crucial for motorists as it directly impacts the procedures and outcomes of insurance claims when there is an accident.
Get a Free Consultation
In Idaho, fault in a car accident is based on the facts surrounding the incident. The court examines the evidence to gauge the responsibility of each party involved. Therefore, the fault may not always be on the driver alone but on several parties.
Idaho follows a modified comparative fault rule in determining fault. This means if multiple parties are found to be at fault, their compensation will adjust according to their degree of responsibility. However, if an individual is found to be more than 50% at fault, they are barred from recovering any damages.
Assigning fault can be quite difficult, but it is key to achieving justice. Whether it be in a legal battle or a workplace incident, assigning fault requires careful examination of evidence and an analysis of the circumstances. A personal injury attorney from Andrew Injury Law can help you determine fault so as to achieve a fair resolution.
Do you need advice on how to go about your personal injury case? Don’t hesitate to call us at 208-517-7670. We offer free initial case evaluation.
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.Matthew C. Andrew
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
Take a look at other case results here.
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.
There are many effects of injuries, both physical and mental. If you’ve recently been injured in an accid...
There are more than 8 million emergency room visits each year due to falls, with slips and falls accounting...
If you’ve been involved in an accident of any kind, you’re likely curious to learn more about whether o...
Accidental injuries cause over 24 million emergency room visits per year in the U.S., and many of these injuries are the fault of other parties.
Idaho reported more than 27,500 traffic crashes in a recent year, with over 12,600 people suffering injuries and 271 fatalities. We help car crash victims seek justice.
Commercial trucks are critical to Idaho’s economy, but they also put everyone at risk of serious collisions and injuries. We stand up to trucking companies.
Motorcyclists love the wide open spaces of Idaho, but other drivers are not always careful and can hit motorcycles, causing devastating injuries and losses.
After a fatal accident, families can face overwhelming emotional and financial losses. We can help your family seek financial support and justice for your loved one’s wrongful death.
Many accidents happen because property owners or businesses do not maintain their premises. If you slipped and fell or had another premises-related accident, we can help.
Whether you work in construction, logging, or in an office, injuries can happen. We assist injured workers in seeking maximum compensation for their injuries.
Getting the workers’ comp you deserve for a job-related illness or injury can be more challenging than you expect. Seek help with your claim from our legal team.
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