You pay nothing until we win
by Matthew C. Andrew - August 28th, 2023
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.
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:
Finding the necessary evidence to prove that a party was negligent can be complicated. An experienced Boise personal injury lawyer will be key to building the strongest case.
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:
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. These can include pain and suffering, emotional distress, and loss of enjoyment of life. A Nampa personal injury specialist can help quantify these damages and ensure that they are adequately considered in your compensation.
Noneconomic damages include:
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.
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.
If you experience any type of injury—no matter how minor—you should contact a personal injury lawyer in Nampa, ID, 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 in Meridian 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.
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.
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.
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