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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
In Idaho, the statute of limitations for filing personal injury cases, including car accident claims, is two years from the accident date. Once the two-year window lapses, the injured victim loses the right to pursue legal action related to the crash.
Even so, there are a few exceptions and limitations to the rule, including:
Although many injured victims obtain compensation from the at-fault party’s insurer, working with an attorney enhances the chances of a positive outcome. Having proof of how the accident occurred provides a foundation for legal representation.
Provide your attorney with the following information:
Most car accident claims do not go to trial. However, the insurer and the liable party oppose the efforts of the injured party to obtain compensation for their losses. For instance, the insurer may table a low-settlement offer that doesn’t match your injury-related losses.
You can file a car accident lawsuit if you disagree with the insurer. You may also seek the court’s intervention if the insurer declines your settlement. There are additional opportunities for settlement negotiations before trial hearings.
Under Lewiston, Idaho laws, you can recover damages for your injuries if you’re not more than 50% at fault for the accident. Indiana applies the modified comparative fault rules followed by 32 other states. However, your percentage of fault reduces your share of compensation. Idaho laws bar you from collecting damages if you’re 50 percent or more at fault.
Idaho is an at-fault state, meaning the person responsible for causing the accident covers injury-related costs.
In most cases, the negligent driver is responsible for an accident. However, other parties may be at fault for the accident, including:
You need the input of a car accident attorney to maximize the chances of receiving a fair settlement value for your losses. However, the cost of hiring an attorney may hinder your quest for justice. The cost of hiring an attorney may vary based on several factors. Even so, most car accident attorneys work on a contingency basis, meaning they get paid after winning the case.
Some of the costs that influence the cost of hiring a car accident attorney include the following:
As an injured victim, you’re entitled to compensation to restore your previous state before the crash. Depending on your case’s unique facts and circumstances, you can obtain various damages.
When injured, you may not work according to your usual capacity. You may need to take sick leave, miss work, or leave your job role, which may lead to the discontinuation of your wages. You, therefore, deserve compensation for all the financial losses you incurred due to missed work, sick time, vacation, or losses associated with working at a reduced capacity. If you can work but the injury results in a decrease in income, you may be entitled to compensation. You may qualify for loss of future earnings if the injury leads to permanent impairment or disability.
Your car accident settlement’s value depends on your case’s unique facts. The following factors may play a role in determining the value of a car accident claim:
For instance, the extent of liability directly impacts the value of your car accident claim. The victim may be entitled to a higher settlement value if there is clear evidence that the at-fault party acted negligently or recklessly. If the injured victim contributed to the crash or was partially at fault, their percentage of fault may reduce their settlement award.
You can obtain economic, non-economic, and punitive damages in a car accident claim. Here’s a breakdown of the various damages:
If you sustain a physical injury in a car accident, you may seek treatment, resulting in medical bills. Treating injuries is expensive, so the at-fault party should pay for the medical expenses.
Medical expenses comprise a significant portion of car accident settlement and may include:
The severity of an injury influences the value of medical expenses; the higher the severity, the higher the medical costs.
You may incur other expenses related to the injury, which you can claim as part of the economic damages.
Examples of out-of-pocket expenses might include:
You can sustain a physical injury with persistent and devastating pain. Whether it’s a broken bone or head injury, you may endure pain or discomfort for weeks, months, years, or the rest of your life after the injury. You, therefore, deserve compensation for the physical pain associated with the injury.
Some injuries trigger mental anguish that makes it difficult to enjoy life as much. It may also prevent you from participating in activities you used to enjoy—for instance, a limb loss that prevents you from participating in swimming— your favorite hobby. You deserve compensation for loss of enjoyment damages to compensate for the losses associated with losing your favorite hobby.
An injury may also impact your ability to relate with your loved ones. For instance, a spinal cord injury may prevent you from playing with your children or being intimate with your partner. You deserve compensation for the loss of essential aspects of your relationship.
The events leading to the accident may be traumatic. Learning you’ve become permanently disabled or impaired is emotionally distressing. You should receive compensation for mental health issues like depression that arise after a car accident.
A court or jury may award you punitive damages in a car accident case. Just as the name suggests, the role of punitive damages is to punish the defendant for careless or grossly negligent actions. They also intended to deter the defendant and other parties from engaging in similar misconduct that caused the accident.
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.
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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.
Although you may be entitled to compensation after a car accident, an insurer may dispute liability and deny your claim. First, understand why the insurer has denied your claim.
An insurer may deny your claim for various reasons, including:
You can take any of the following options after a claim denial:
Working with a car accident attorney enhances your chances of a positive outcome during the claim and appeal process.
There is no direct dollar value for pain and suffering damages, making it challenging to estimate its worth.
Insurers use various methods to calculate the value of pain and suffering, including:
The above are imperfect methods of estimating the value of pain and suffering damages. An experienced attorney can help assess the value of your pain and suffering damages after a car accident.
Determining fault in a car accident is the foundation for establishing how much either party will receive or pay.
There are various ways to prove fault in a car accident, including:
There is no average time to settle a car accident claim because several factors come into play when computing and concluding the claim. Each car accident claim is different, which is why the timeline may differ based on the details and facts of the case.
It may take several months and up to a few years before completion. Some of the factors that determine how long a car accident claim can take include:
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