Key Differences in Idaho Personal Injury Law

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Personal Injury Law

Accidents are almost impossible to avoid sometimes. People can get careless, resulting in injury to themselves or others. In Idaho alone, there was a recorded 22,528 motor vehicle crashes in 2020, among many other injury cases in the state. (1)

Have you been injured in Idaho due to someone else’s negligence? Personal injury law can help you recover medical bills, lost wages, and other damages.

While personal injury law offers a path to recover your losses, you must understand that each state has its own set of rules. Idaho personal injury law has some key differences you should be aware of before you pursue your claims.

What is Personal Injury Law?

Injured because someone else wasn’t careful? Personal injury law lets you fight for compensation to cover your bills and losses, including medical expenses, lost wages, and even compensation for pain and suffering. In 2019, the economic cost of injuries across the U.S. was a staggering USD$ 4.2 trillion. Individually, victims of accidents could see up to thousands worth of damages, making prompt legal action a necessary step. (2)

Car accidents, slip-and-falls on unsafe property, and faulty products are all common reasons to file personal injury claims. Wrongful death and intentional injury are also often included.

Consider seeking a local attorney if you pursue your personal injury claims in Idaho. A reputable one can explain your rights, fight for you, and use their knowledge of Idaho law to maximize your chances of winning.

What’s Different in an Idaho Personal Injury Law?

Every state has its own take on personal injury law, and Idaho is no exception. These are the key differences in Idaho personal injury law:

Modified Comparative Negligence

One notable difference is Idaho’s use of a concept called ‘modified comparative negligence.’ Some states say any fault on your part means no compensation. In Idaho, however, even if you’re a bit at fault, you can still recover some money. For instance, if you received USD$ 100,000 in damages but were found 30% at fault, the courts will reduce your compensation by 30% to USD$ 70,000.

There’s one important exception—you can’t recover any damages if you’re found to be 50% or more at fault. Insurance companies and courts take this very seriously when evaluating personal injury claims. The judge or jury will also determine each party’s percentage of fault and adjust the damages award accordingly.

Damage Caps

In addition to comparative negligence rules, Idaho also has caps or limits on certain types of damages you can receive in a personal injury case. For non-economic damages like pain and suffering, there’s a USD$ 250,000 cap in most personal injury cases, such as in a car accident. This is adjusted annually. But it gets removed for cases involving wrongful death or permanent disfigurement or disability. (3)

Punitive Damages

In some extreme cases, the court might award punitive damages. These aren’t meant to cover your medical bills or lost wages. Instead, they’re intended to punish the other party for particularly reckless or outrageous behavior. Idaho doesn’t cap punitive damages, so in extreme cases, the awards can be quite significant.

Damage Recovery for Minors

If your child is injured due to someone else’s negligence, the same personal injury laws apply. A parent or guardian can file a claim on their behalf to recover damages for medical expenses, lost future earnings, and pain and suffering. Any settlement for a minor has to be approved by the court to ensure it’s in the child’s best interests.

Recoverable Damages in Idaho Personal Injury Cases

If you’re successful with your personal injury claim in Idaho, you can recover various damages. These include:

  • Medical expenses: You can receive compensation for medical bills from injury treatments, as well as future medical costs.
  • Lost wages: You can get compensated for lost wages during recovery if you can’t work because of your injuries.
  • Suffering and pain: This covers the physical and emotional distress caused by your injuries.
  • Property damage: You can recover repair or replacement costs if your personal belongings were damaged in the accident.

Attorneys with expertise in Idaho personal injury law can help you fight for your case. If you win, you can receive a fair settlement to cover the damages you’ve experienced from the accident.

Personal Injury Claims

Statute of Limitations for Idaho Personal Injury Claims

If you find yourself as a victim of an accident, you better act fast. There’s a time limit for filing a personal injury lawsuit in Idaho, known as the statute of limitations.

In most cases, you only have two years from the date of your injury to file your claim. Missing this deadline can significantly harm your chances of recovering compensation. So, if you’re considering a personal injury lawsuit, it’s important to act quickly. (4)

Conclusion

In a nutshell, Idaho has some distinct laws that come into play if you get injured due to someone else’s careless or reckless actions. Don’t go it alone—having a lawyer well-versed in Idaho personal injury law in your corner is crucial for protecting your rights and maximizing your settlement. If you or a loved one ends up suffering injuries through no fault of your own, take action quickly by consulting a local attorney who specializes in these types of cases.

 

References

  1. “Idaho Traffic Crashes 2020,” Source: https://apps.itd.idaho.gov/Apps/OHS/Crash/20/Analysis.pdf
  2. “Economic Cost of Injury — United States, 2019,” Source: https://www.cdc.gov/mmwr/volumes/70/wr/mm7048a1.htm
  3. “Idaho Car Accident Compensation Laws,” Source: https://www.findlaw.com/state/idaho-law/idaho-car-accident-compensation-laws.html
  4. “Section 5-219 – Idaho State Legislature,” Source: https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/

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