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You pay nothing until we win
by Matthew C. Andrew - December 19th, 2023
After a car accident that leads to injuries and losses, victims can seek damages through a personal injury lawsuit. One of the major concerns is typically the amount the victim can get as a settlement. A settlement is meant to compensate for the financial and emotional toll that accident victims experience.
However, determining the average settlement can be challenging, given the unique nature of each case. Your lawyer can assess the worth of your claim by considering various factors specific to your situation.
At Andrew Injury Law, our lawyers have extensive experience handling car accident claims. We can examine elements of your case to ensure a comprehensive evaluation for rightful compensation. Read on to find out what may affect your settlement for a car accident claim in Idaho.
The extent of injuries sustained in a car accident can influence settlement outcomes. Severe injuries often lead to higher compensation. These may consider continued medical expenses, rehabilitation costs, and the emotional toll on the victim’s life. Your attorney will undertake a comprehensive assessment of the physical and emotional ramifications so as to determine what amounts to a fair settlement.
Idaho imposes limitations on non-economic damages that can be awarded in car accident cases (Idaho Stat. § 6-1603). The government adjusts the limit upwards every year. As of 2023, the victims of car accidents can receive non-economic damages up to $450,000. However, there is no cap on the economic damages your lawyer can seek on your behalf.
Idaho follows a modified comparative fault system, meaning the settlement can be affected if the victim is found partially responsible for the accident. However, the percentage of fault attributed to the plaintiff beyond 50% renders them ineligible for recovery. The assigned fault reduces the settlement proportionally.
For example, if a pedestrian is hit by a car and the jury determines that the pedestrian is 25% at fault for not looking both ways before crossing the street, their damages would reduce by the same percentage. So, if the total damages awarded were $100,000, the pedestrian would only receive $75,000. However, if the pedestrian’s fault percentage was determined to be 60, they would not be eligible to receive any compensation under Idaho’s modified comparative fault rule.
In Idaho, drivers are required to have liability insurance with at least $50,000 per accident and $25,000 per person bodily injury coverage, as well as $15,000 property damage coverage. When pursuing justice, the awarded settlement cannot exceed these thresholds. The adequacy of the at-fault party’s insurance coverage directly influences the maximum compensation available.
Car accidents are surrounded by several unique factors which may affect the compensation amounts. However, properly determining the settlement to be awarded after an accident remains key to receiving fair compensation. You need to consult with a car accident attorney to help quantify these factors accurately and negotiate a fair settlement that comprehensively addresses your losses. Call us today at 208-517-7670 or fill out this online form to book a free case evaluation.
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.
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
Matt Andrew was so helpful and encouraging regarding our small auto accident negotiation. We received clear and comprehensive suggestions and outline of action for us to take. We are grateful to have spoken with him directly and on the first phone call to his office. Great attitude and genuine interest in helping. Definitely recommend.
Matt is a “Tell it like it is”, Attorney. He will scour the data, and go to bat for you. He becomes your liaison, so you can really focus about just getting better, and though he wont loan you any money, he’ll tell you what you need you need to do to survive if you’re out of work for a bit. Attorneys aren’t cheap, you’ll end up with more if you use one. Heed his advise for the strongest case argument in your favor.
I called Matt he was driving he took my information and he immediately called me back, he answered my question and gave me advice on how to handle the situation, he very helpful for my situation, he was thorough
Andrew Injury Law is a personal injury law firm in Idaho. We focus on representing individuals who suffer injuries from someone else’s negligence. We use a compassionate and aggressive approach to help our clients after an injury. Our team knows that injuries can be life-altering. Our Boise injury lawyer fights for our clients every step, leading to trial if necessary. Get in touch with the Boise injury lawyers from Andrew Injury Law today.
Andrew Injury Law represents people who need help during the most challenging times. Injuries are life-changing in many ways. Even a minor injury can leave you out of work for weeks with mountains of medical bills. Permanent injuries require more medical attention and bring more bills. Our team is here to help you every step of the way. Call our personal injury lawyer in Caldwell for a free case review.
You must get legal representation immediately when you suffer an injury or lose a loved one. The insurance companies are vultures looking to diminish your claim. They don’t care about the pain you are suffering. They only care about their bottom line. When you file a personal injury claim, you will pursue justice and compensation for your injuries and losses. Andrew Injury Law helps injured individuals seek compensation from negligent parties. We offer free case reviews, so call our office today.
Our primary goal is to hold the at-fault party responsible by getting you financial reimbursement for your injuries. Schedule a free consultation today with our Meridian personal injury lawyer from Andrew Injury Law.
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
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