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.
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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