Personal Injury

There are more than 8 million emergency room visits each year due to falls, with slips and falls accounting for over 1 million of those visits. Millions of people need medical treatment after a traffic crash. 

Whether it be premises liability, a car accident, or workers’ compensation, you may be entitled to compensation if you are an accident victim with injuries. 

If you have suffered losses in an accident, you should be informed of your rights. If you have been injured due to someone else’s negligence, Andrew Injury Law is here to help. 

What is Negligence?

A person who is harmed at the hands of another may bring a personal injury claim against the wrongdoer. In the majority of personal injury cases, the wrongdoer causes the victim harm through negligence.

Negligence is defined as a person not using ordinary care in performing a task. Ordinary care is the care that a reasonably careful person would have used in the same situation.

A negligence claim typically has four elements:

• Duty: the defendant (the party being sued) had a duty to exercise reasonable care;
• Breach: the defendant broke that duty through an act or omission;
• Causation: the defendant’s actions caused the victim injury; 
• Damages: as a result of the defendant’s actions, the plaintiff has suffered measurable losses.

Finding the necessary evidence to prove that a party was negligent can be complicated. An experienced personal injury lawyer will be key to building the strongest case. 

What Types of Damages Can I Receive?

In a personal injury suit, you may be entitled to compensatory damages. Compensatory damages are intended to reimburse you for actual losses and come in two forms: economic and non-economic.

Economic damages account for direct monetary losses that were suffered by the plaintiff. 

Economic damages include:

• Lost wages
• Lost earning capacity
• Past and future medical bills
• Long-term care 
• Household services

In contrast, non-economic damages refer to any intangible injuries that do not have a specific monetary amount but have affected the victim’s ability to live the fullest life. 

Noneconomic damages include:

• Pain and suffering
• Mental anguish
• Loss of love, support, and companionship
• Loss of consortium
• Disfigurement

It is important to save medical bills and pay stubs that reflect missed time from work. This documentation will be submitted to the insurer to support your request for damages. 

Is There a Cap on Damages?

While Idaho does not have a limit that you can collect on economic damages, there is a cap on noneconomic damages in personal injury lawsuits. According to Idaho Code §6-1603, a judge or jury cannot award more than $250,000 in noneconomic damages. 

The same limit holds true for punitive damages. According to Idaho law, the plaintiff cannot receive more than $250,000 in punitive damages or three times the amount of compensatory damages. 

Unlike noneconomic damages, punitive damages are designed to punish the wrongdoer. If the plaintiff is requesting punitive damages, it must be proven that the defendant exhibited “oppressive, fraudulent, malicious, or outrageous conduct.” 

Punitive damages are not as commonly awarded as compensatory damages. Your attorney will know if you are eligible to receive punitive damages.

How a Personal Injury Lawyer Can Help

If you experience any type of injury—no matter how minor—you should contact a personal injury lawyer as soon as possible. A personal injury lawyer has experience helping clients with these types of cases and will know what evidence to gather to prove the other person’s liability.

Insurance is usually the largest obstacle in settling a personal injury case. If you make a personal injury claim, you should expect to be settling your claim with the insurance company. 

Keep in mind that insurance companies collect money by charging expensive premiums but want to pay out as little as possible in claims. An insurance company’s first settlement offer does not factor in lost earning capacity or future medical expenses. In fact, the insurance company’s first offer is about 40% of what your case is actually worth.

A personal injury lawyer will prepare a demand letter to submit to the insurance company, which will detail your economic and noneconomic damages. Your attorney will request that the insurer pay you a certain amount in damages and will offer a consequence if they do not comply. 

Contact an Idaho Personal Injury Lawyer Today

Nobody should have to endure financial struggles after an accident. Hiring the right personal injury lawyer can help you receive the compensation you deserve. Contact us today to schedule a free consultation.