You pay nothing until we win
by Matthew C. Andrew - June 28th, 2023
The term “statute of limitations” means a legal time limit. There are both criminal statutes of limitations and civil statutes of limitations, including for personal injury claims.
The time limits set forth how long someone has to bring the legal action in question, including filing criminal charges or filing a personal injury lawsuit to seek compensation for your injuries and losses.
If you suffered an injury and believe someone else was to blame, never wait to start the process. Near the Caldwell and Meridian, ID, areas, seek a consultation with the personal injury lawyers at Andrew Injury Law.
For an average case in Idaho, the victim (or the victim’s family if the victim passed away) has two years from the incident date to sue the other party. If you miss this deadline, the judge will almost certainly dismiss your case, unless an exception applies.
Below are some exceptions relating to Idaho’s personal injury statute of limitations.
In general, statutes of limitations don’t start running until the victim is aware they have a legal cause of action. This means the date you know or should have known that you have injuries and that someone else was responsible.
Additionally, in a case of wrongful death, the clock starts ticking from the day of the death – not the initial injury. Accident victims don’t always die immediately after their accidents.
Some may stay in a coma or vegetative state for months, even years, before eventually succumbing to their injuries. In a wrongful death case in Idaho, the statute of limitations is also two years, but the clock doesn’t start ticking on the day of the accident.
Injuries that occur in childhood are viewed differently because children don’t always understand the full extent of their victimization or injuries. Idaho allows the child to reach the age of majority before the two-year time limit begins.
However, other complex time restraints exist for child-related claims, so always have our attorneys review the timeline.
Statutes of limitations are more complicated than most people think. Never assume an exception applies – or doesn’t apply – to your situation. Instead, let our legal team assess when you need to take legal action.
Also, remember that injury cases usually go through the insurance claim process before you file a lawsuit, which can take time. You want your lawyer to have ample opportunity to investigate your accident, gather evidence, and negotiate a settlement.
If you do not receive a fair settlement offer, you will still need to file a lawsuit within the deadline. Never delay in beginning the process following an injury.
Andrew Injury Law is an Idaho personal injury legal dream team experienced in cases like yours. Before the clock runs out, schedule a free legal consultation with us today. You can reach us at 208-517-7670 or use our web form to get the justice you deserve.
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.
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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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