You pay nothing until we win
by Matthew C. Andrew - November 3rd, 2023
If you were in a car accident in Meridian, you may have suffered injuries that are keeping you out of work. Lost wages combined with endless medical bills may be too much to handle. You may be wondering what is taking the insurance company so long to send you a settlement check.
The claims process is more intricate than you might expect. In this article, Andrew Injury Law provides an overview of the claims process and when you may need to consider filing a lawsuit. Our Boise car accident lawyers are here to guide you through every step, ensuring that you understand your rights and the best course of action for your situation.
Insurance is designed to give people financial security in the event of an accident or loss. When two or more people are involved in a car accident, the at-fault driver’s car insurance will pay to cover injuries and property damages tied to the accident.
After you file an insurance claim, your insurance company will assign an adjuster to your case. The adjuster may be able to tell you how long he or she feels it will take to assign fault in your car accident claim. This will begin to give you a better idea of how long the settlement process may take.
Below we summarize the insurance claims process:
Following a Boise car accident, you will want to provide evidence showing that the other driver is responsible for the accident. This may be in the form of video footage, photographs of the accident scene and your injuries, or eyewitness testimony.
Gathering evidence takes time. If the police were called to the accident scene, your attorney will need to request a police report. Acquiring video surveillance can also be time-consuming since you may need the police to issue a warrant in order to access the footage.
A demand package marks the beginning of insurance negotiations. Since Idaho is an at-fault state, you will likely be making a third-party claim with the at-fault driver’s insurance company.
A demand package outlines the important facts related to your accident and documentation of your damages (injuries and property loss).
Your attorney will also calculate a total demand amount and give the insurance company a time limit to pay. A Meridian car accident lawyer will also offer a consequence if the insurer does not oblige.
The expenses that are relevant to your claim are known as compensatory damages. Compensatory damages may be either economic or non-economic.
Economic damages can be easily calculated and reflect any monetary losses you endured. Economic damages may include, but are not limited to:
On the other hand, non-economic damages do not reflect monetary losses but impact your ability to live a normal life.
In a car accident in Caldwell claim, non-economic damages may include, but are not limited to:
Calculating damages is a time-intensive process and can cause delays in processing your claim. For example, in calculating lost wages, your attorney will examine several factors, including the date you will return to work, if you will have to take a lower-paying job, and vacation days that you didn’t accrue while you were out of work.
A bodily injury claim can usually not be made until you have reached maximum medical improvement (MMI). This is the point at which a physician determines that you have recovered as fully as you can from your accident. Since the recovery process can take a while, car accident victims have to wait to submit bodily injury claims.
Idaho insurance companies do not have a specific time limit on when claims must be processed and paid. However, Idaho law does require insurers to “acknowledge and act reasonably promptly” with respect to claims made under an insurance policy.
The failure of an insurance company to “act reasonably promptly” to a submitted claim or failing to issue a settlement in which liability is clear are just a couple of examples of unfair settlement practices.
At Andrew Injury Law, we have ample experience dealing with insurance companies. We will not stop negotiations until we feel that you are being offered the settlement you deserve.
If negotiations have stalled or the insurance company is not offering you a fair settlement, you may need to consider filing a personal injury lawsuit.
Under Idaho law, you will only have two years after the accident to do so. You will have three years to bring your case to court if you are only attempting to recoup for property damage.
If you do decide to pursue litigation, your car accident settlement may easily be extended by months or even years.
If you have been the victim of a car accident, no matter your level of fault, we want to hear from you. Attorney Matthew Andrew has over a decade of experience helping clients in the community. He knows what it takes to prevent any delays in the claims process. Contact Andrew Injury Law to schedule your 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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