Personal Injury F.A.Q.'s

These materials are for informational purposes only. They should not be construed as legal advice. This information is not intended to replace the assistance of an attorney in any particular situation. It is not intended to, and does not, create an attorney-client relationship.

What is a personal injury?

A personal injury is any physical or mental injury to a person as a result of someone's negligence or other wrongful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury or wrongful death:

• Auto accidents
• Dangerous or Defective Product Injuries (Product Liability)
• Dangerous Places (Premises Liability)
• Home Accidents

While an industrial accident, motor vehicle accident, defective products and dangerous premises may give rise to a claim for personal injury against another person, partnership, corporation or governmental entity (not the employer of the injured person), an accident giving rise to a workers' compensation claim does not mean that the injured worker can sue the employer for a personal injury.

What financial compensation may I obtain for a personal injury claim?

Personal injury victims may be entitled to recover money damages for losses and expenses they incur as a result of an accident caused by a negligent act or omission. The damages may include the following.

• Medical bills,
• Lost Wages, including overtime,
• Pain & Suffering,
• Physical Disability,
• Disfigurement,
• Permanent Scars
• Emotional Trauma,
• Mental Anguish,
• Loss of Enjoyment,
• Loss of Love & Affection,
• Embarrassment,
• Mental Disability,
• Property Damage,
• Out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).

How do I know if I have a personal injury claim?

To have a personal injury case, you must be able to show that you have been injured and you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

What if the accident is partly my fault can I still have a claim?

Even if an accident was partially your fault you still may have a claim based on the other person(s).

Idaho has adopted the concept of "comparative negligence". The term "comparative negligence" means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused". There are limitations on the amount of comparative negligence that can be attributed to you and still allow you to recover.

How do I know if I may need and attorney?

If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should be consulted before you give any statements or sign any settlement papers of any kind.

In a serious injury or wrongful death case, you are probably better off hiring an attorney as soon as possible. We offer a free initial consultation by telephone, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer.

There are statutes of limitations that require you to file a personal injury suit within a specific period of time (usually two (2) years in Idaho), or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.

What is a Contingency Fee?

A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon your attorney's successfully resolution of your case. A contingent fee is a percentage of your monetary recovery. A contingent fee is what is meant when you read or hear "there is no fee unless we obtain a recovery". In the absence of our express written agreement to the contrary, our client's are responsible for the out-of-pocket costs of litigation that we incur in prosecuting a personal injury case.

If I have an injury claim do I have to go to court?

Most personal injury cases are settled out of court between opposing lawyers or between the insurance company and the attorney for the injured person. Settlements are also secured frequently through alternative dispute resolution. If a case does go to trial you most likely will have to appear so that your testimony can be heard.

What are the statutes of limitations?

The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ in regard to the kinds of lawsuits involved. In Idaho, the statute of limitations for claims against governmental subdivisions and agencies, is much shorter than that for other types of personal injury cases. An experienced civil trial lawyer can help you with this complex issue.

How long will it take to settle my claim?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case. Up to a point, the longer it takes you to recover from your injuries, the longer it may take to resolve your case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity. Often, in dealing with insurance companies, there may be delays in negotiations until mediation or even until the eve of trial. A substantial percentage of cases that go to trial are settled during the proceeding.