Personal Injury

Since you give a percentage of your damages as legal fees, you can’t help but wonder if it is worth it to hire a personal injury attorney in the first place. What do they do for you?

Andrew Injury Law is here to discuss the many tasks that personal injury attorneys complete and why it is in your best interest to hire one.

Gather Relevant Evidence

Whether you have been in a car accident, slip-and-fall, or suffered injuries on the job, a personal injury attorney can help. 

A personal injury lawyer will examine all relevant facts and develop a strategy to prove the wrongful party’s liability. The strength of available evidence will determine the difficulty of proving another person’s responsibility for the accident.

The strongest type of evidence is direct evidence. Direct evidence directly proves a fact and may include:

Video surveillance

Any video caught of an accident allows an insurance investigator to watch the events unfold. Many drivers have dashcams which may record the entire accident. 

Cell phone or dashcam footage can be useful. Unfortunately, video captured on a cell phone may be unclear, making it difficult to identify parties.

While twenty-two states, including Washington, D.C., allow the use of red-light cameras, Idaho does not currently have a red-light program. 

Photographs

Photographs of the accident scene can show details of an accident, including injuries and property damage.

If you suffered a workplace injury, it is important to get pictures of any injuries you sustained before receiving medical treatment. In a motor vehicle accident, it is important to document both vehicle damage and physical injuries.

Eyewitness testimony

Witnesses can provide valuable insight regarding an incident. These witnesses may be drivers or passengers in other vehicles not associated with the accident. Witnesses may also include pedestrians or cyclists. 

Anyone who witnessed the accident may be called to testify on your behalf at a deposition or in court.

Handle Insurance Negotiations

As part of the demand package, your attorney will state your legal claim and request a remedy to your situation in a demand letter. The demand letter is usually sent to an insurance company after an initial offer is made.

A demand letter will contain the following parts:

• Establish facts: all pertinent (relevant) facts about your case 
• Detail injuries and medical treatment
• Describe the insured’s negligence: explain how the other person caused the accident. For example, a person who fails to keep their dog on a leash in a public setting will be liable for anybody whom the dog physically attacks.
• Categorize damages: in any type of personal injury case, the demand letter should include economic damages (i.e., lost wages, medical expenses, property damage) and noneconomic damages (i.e., pain and suffering, disfigurement, or mental anguish).
• Make a demand: how much do you want the insurance company to pay you?
• Set a deadline: give the insurance company a reasonable and specific date to respond by.
• Offer a consequence: a quality demand letter should offer a consequence if the insurance company does not comply. For instance, you can state that if the insurance company does not comply within 30 days, you will begin court proceedings.

According to Idaho Code Title 41 Chapter 13, an insurer is required to respond “reasonably promptly” regarding insurance claims. Failing to do so qualifies as an unfair settlement practice.

Advise You on Whether to Settle or Go to Court

In 2021, there were over 5,000 fires reported in Idaho. No amount of money can replace the memories that you create in your home. Many of these fires were easily preventable and are often the result of a property owner’s negligence. 

An insurance company’s first offer rarely accounts for the entire value of your case. That’s because insurers do not calculate lost earning potential or future medical bills in their initial offer. 

If your attorney believes that an insurance adjuster’s offer is unacceptable, he or she will counteroffer. Negotiations will continue until both parties can reach an acceptable settlement figure. 

There are a few circumstances in which an experienced personal injury attorney may suggest you bring your case to court:

• If the insurer denies your claim;
• If insurance negotiations have stalled;
• If the insurer repeatedly makes low settlement offers; or
• If your claim exceeds insurance policy limits

An Idaho Personal Injury Attorney Defending Your Rights

As an experienced Idaho personal injury lawyer, I do not shy away from negotiating with insurance companies. I will not stop until you receive what you deserve. Contact us today to schedule your free consultation.