Negligence and Liability
In Idaho, most personal injury cases are based on the concept of negligence. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. To establish a personal injury claim, the injured party (plaintiff) must demonstrate four key elements: Duty of Care: The defendant owed a duty of care to the plaintiff. For example, drivers have a duty to follow traffic laws and avoid causing harm to others on the road. Breach of Duty: The defendant breached their duty of care, either through their actions or inaction. This breach must be shown to be the direct cause of the plaintiff’s injuries. Causation: There must be a direct link between the defendant’s breach of duty and the plaintiff’s injuries. The harm suffered should be a reasonably foreseeable consequence of the defendant’s actions. Damages: The plaintiff must have suffered actual damages, such as medical expenses, lost wages, pain and suffering, or property damage. Statute of Limitations
Like all states, Idaho has a statute of limitations that imposes a time limit within which a personal injury lawsuit must be filed. In Idaho, the statute of limitations for most personal injury cases is two years from the date of the injury. It is crucial to adhere to this time frame as failing to file a claim within the statute of limitations could result in the forfeiture of the right to seek compensation. Comparative Negligence Idaho follows the modified comparative negligence rule. This means that if the plaintiff is found to be partially at fault for their injuries, their compensation will be reduced by the percentage of their fault. However, if the plaintiff’s fault is determined to be 50% or more, they may be barred from recovering any compensation. Strict Liability In some cases, strict liability may apply, such as in product liability claims. This means that the defendant may be held responsible for injuries caused by their product, regardless of whether they were negligent or not.Steps to Take After an Injury
After being injured, your immediate actions can significantly impact your ability to file a successful personal injury claim. Some crucial steps to take include: Seeking medical attention: Prioritize your health by getting medical treatment as soon as possible. This not only ensures your well-being but also creates a record of your injuries, which can be valuable evidence for your claim. Gathering evidence: Collect as much evidence as you can from the accident scene. This can include photographs, witness statements, and any relevant documents. Reporting the incident: If the injury occurred due to someone else’s negligence (such as a car accident), report the incident to the appropriate authorities. For car accidents, you should file a police report. Consulting an attorney: Enlisting the services of an experienced personal injury attorney can significantly enhance your chances of success. An attorney can guide you through the legal process, negotiate with insurance companies, and build a strong case on your behalf.Special Rules for Cases Involving Children
One notable exception to the two-year rule under Idaho law is if the injury accident involves a minor child. If a child was injured, the two-year statute of limitations begins on the minor’s eighteenth birthday. However, the statute of limitations may not be delayed more than six years due to the injured person’s minority status. If you are a parent, guardian, or other eligible party wishing to file a wrongful death claim relating to the death of a minor child, the standard two-year statute of limitations applies. There is no extension given due to the age of the deceased.Special Rules Relating to Claims Against Government Entities
If your case involves a local, state, or federal government or its employee or representative, there are restrictions that require notice to the government of the claims being filed. Failing to provide notice of the claim can mean that you lose your right to sue. The specifics of the Idaho tort claim rules are discussed here. Those rules are complex enough that its best that you discuss the with an attorney.
Compensation
Medical Expenses As Compensation For Personal Injury
As everyone who lives in a modern society knows, health care can be very
expensive. Even if you have medical insurance or good medical coverage through an auto insurance policy costs can be high. You may be charged thousands or tens of thousands of dollars for a lengthy hospital stay, a trip to a specialized care center or repeated doctor visits and physical therapy appointments. If you do not have medical insurance, these costs can quickly reach into five or six figures. For someone who has suffered a catastrophic injury or a permanent disability, lifelong medical treatment can cost millions of dollars. In a personal injury claim, these medical expenses are part of the damages (financial compensation) you are entitled to claim. This is not limited to direct health care costs, but may extend to any medical expense, including prescriptions, medical devices and the cost of transportation to and from your doctor’s office. Recovering your medical expenses is an essential element of your personal injury claim. If your case involves a catastrophic injury, your lawyer will want to not only determine your existing medical costs, but also hire medical experts to determine the likely cost of your future medical treatment. In some cases, your law firm may need to hire an expert to develop a “life care plan” that predicts all of your future medical needs. This expert will evaluate your injuries, review your medical records and project the cost of future medical care. Lost Income and Loss of Earning Capacity As Compensation For Personal Injury
If you are unable to work because of your injuries, you are entitled to claim the income you lose. In addition, if you have a disability that affects your future earning potential, you are also entitled to recover monetary damages for loss of the income you would otherwise have earned.
For example, let us say that you can no longer do the specific job you had at the time of the accident. But you can find a job within your physical limitations that pays less than your previous job. In this case, you would be entitled to recover not only the income you lost from the old job, but also any future income you lose because you had to take the lower-paying job. If you are self-employed and your injury makes you unable to do your job, you may need to hire someone to replace you. You may be entitled to compensation for the extra money you pay to that person during your recovery. Loss of Benefits
In addition to your lost income and loss of future earning capacity, you may be entitled to cover any loss of benefits as part of the compensation for personal injury. This includes health insurance, pension plans, bonuses or other benefits directly associated with your employment. An experienced personal injury lawyer will help you determine all of your financial losses so you can seek compensation for those losses. Your lawyer may need to hire experts, such as a vocational expert (an expert in work) or an economist. These experts will review your financial and medical records. They can then evaluate, calculate and predict the economic losses you have suffered from the accident. If you are self-employed, you can prove your economic losses through tax returns and other business documents.General or Non-Economic Damages
Another part of your personal injury claim is the way your injuries affect your daily life. This is often referred to as your pain and suffering. It includes those elements but that does not capture the entire area of damages. Idaho law provides that you can recover non-economic damages for 1.“physical and mental pain and suffering, past and future”; 2.“impairment of abilities to perform usual activities”; 3.“disfigurement caused by the injuries”; and 4.“aggravation caused to any preexisting condition.” These damages are different types of damages from those you would claim for your economic losses or physical injuries. For example, someone who suffers chronic pain after an injury is entitled to be compensated for that aspect of loss.Understanding “Pain And Suffering”
Physical pain is a sensation and suffering is a mood. Pain is the awareness, through a stimulus in the brain, of something that could damage your tissues. It is followed by a physical sensation of discomfort or unpleasantness. By contrast, suffering is an emotion. You can consider it the opposite of happiness or enjoyment. It involves cognitive awareness of an unpleasant situation, or a lack of the pleasure you would have expected had it not been for the injury. Suffering can involve many emotions, including depression, anxiety and humiliation. For example, suffering could be embarrassment and anxiety from a disfiguring facial injury, an amputation, incontinence, paralysis or another injury that severely limits the victim’s life activities. It is the job of an experienced Idaho personal injury lawyer to help you prove specifically how your injuries have affected your life and your family. The ultimate goal of a personal injury claim is to obtain the maximum possible compensation. The goal is to help you return to your life as it was before the accident. Although injuries make that impossible in some cases, you are entitled to seek compensation for every injury you suffer. As it has been described by David Ball and others: our system is designed to fix the things that can be fixed, make better those things that can be made better and to make up for what can’t be fixed or made better. It is the goal of a your Boise personal injury lawyer to help you obtain the fullest and fairest compensation permitted by the law.Verdicts & Settlements
Loss of Consortium
Idaho law also allows the spouse of an injured person to recover damages as well, even if the spouse was not injured. This is called a loss of consortium claim. Black’s Law Dictionary defines “consortium” as the “conjugal fellowship of husband and wife, and the right of each to the company, society, and
cooperation, affection and aid of the other in every conjugal relation.” Loss of consortium includes not only material services that you may lose because of a spouse’s injury, but such intangibles as society, guidance, companionship and sexual relations. Usually, you should only make a loss of consortium claim when one spouse has been seriously injured. And when that injury has had a direct negative effect on the marital relationship. Generally, you cannot get additional compensation for personal injury and make a loss of consortium claim if you are merely living with the injured person. A marital relationship, and sometimes a parent-child relationship, is essential to making a loss of consortium claim. Subrogation
Subrogation is a specific type of claim to be repaid for something already paid for your benefit. For example, when your insurance company pays a medical bill for treatment arising from your injury it will have a right to be paid back. If you have medical insurance, it probably covered your initial medical care. Subrogation can be complex and depends on state and federal laws as well as individual contracts. Your personal injury attorney should help you understand how — or whether — it applies in your situation.Medical Liens Can Affect Settlement Of Your Injury Case
Liens are legal claims against personal property, used to secure a debt. The paying insurance company cannot ignore a medical lien. It is something like a residential mortgage. The lender for a buyer will be sure and payoff the lien before getting money to the seller. Idaho’s medical lien law provides medical providers a lien right against your injury case recovery. Some medical providers abuse this right and create problems in resolution of injury cases. They do this because Idaho has a special law that gives medical providers strong rights against injured people’s claims for damages. Resolving lien claims is difficult because of the laws that apply to them. And because holders of lien claims are often slow to respond. The law does not always say that lien holders are required to respond to requests for a lien amount within a specific time. It sometimes takes months to get an appropriate answer. This delay prevents prompt payments of settlement funds to clients like you. It can be frustrating for you and your lawyer. When multiple insurers or debts are involved, things almost always become quite complex. For example, you might run into complicated lien problems when you have your own private health insurance, a automobile medical payments policy, and are also using Medicare as a secondary insurer. Figuring out who paid what when and needs what repayment can be a complex accounting exercise.Medicare Has Its Own Special Rules
When it is not certain whether Medicare is a primary or secondary insurer, Medicare will make a conditional payment. If it is later determined that some other party was responsible for that payment, Medicare is entitled to a refund from that party. Or from you or the health care provider, if one of you was paid by that party. And Medicare requires you account for any future medical care in your settlement. It will not pay for care you have been paid for. You might have to deal with a Medicare set-aside to finalize settlement of your injury case. This is important because the federal government may place a lien on your property to recover this type of conditional payment. It might also be entitled to make a subrogation claim against your settlement. And your lawyer might have personal liability as well. And the insurance company for the at-fault party might have additional liability if you do not take care of Medicare. This is because the government has passed laws to be sure it gets paid back. You can be sure your settlement funds cannot be distributed until Medicare issues are handled.Other Considerations For Settlement Of Your Injury Case
Obviously the costs of your representation is a thing you need to take into consideration. If you go forward are there additional expenses of an increases in a percentage of a contingent fee? There can be other legal ramifications of settlement. For example you may have claims against more than one defendant or insurance company. Or you might be considering a lawsuit over the same injuries against another party. In those cases, you need to evaluate whether settling with one defendant could limit or eliminate your right to pursue the other cases. If you have a claim under your own auto insurance underinsured or uninsured provisions you need to be sure you have dealt with any notice requirements. Otherwise you might lose your rights under your under insured motorists policy. Speed of settlement of your injury claim can be important. Sometimes, obtaining a quick settlement is one of the most important services an Idaho personal injury attorney can provide. While often speedy settlements do not provide full “case value” a rationale decision to can be made to settle quickly given your particular circumstances. Certainly the costs and risks of trial is an important consideration as well. Your lawyer can take you through the various scenarios that arise in a jury trial setting. We can talk about our many successes but also the cases that had less favorable outcomes. Your personal experience of having the case go forward too is important. Do you feel comfortable with risk? Do you want to just put the case behind you and move on with your life? Is it important to you to have a public day in court? These and other personal questions also are things for you to consider when evaluating a settlement offer. The number one consideration in settlement of your injury case is to get complete advice from you attorney. Be sure that you have had a chance to evaluate all the relevant issues. And, in the end, do what is right for you.Things The Jury or Insurance Company Looks at When Evaluating Injury Claim Value And Quality of Life Damages
A wide range of variables must be considered when trying to determine an injury claim value and an appropriate amount of compensation for these damages. Experience has shown us that it is a very complicated question that has to be evaluated on a case by case basis. This is because there are many factors that influence the end result. Not all of the things that DO influence a value evaluation SHOULD influence the evaluation. But among the factors that we have seen that influence a decision-maker’s view of the appropriate amount of compensation are:- The Injured Person’s Age
- Effort’s made to Minimize (“Mitigate”) Any Losses
- Educational Background
- Work History
- Personality
- Geographic Location
- Whether Liability is Clear or Subject to Battle
- Comparative fault
- Severity of Injuries
- Expected Future Consequences of the Injury
- The Nature of the Bad Guy’s Act (i.e Drunk Driver or Momentarily inattentive)
- Socio-Economic Status or Wealth of the Parties
- Witness testimony
- The presence or absence of insurance
- Make-up of the jury
- Appearance of the Injured Person
The Idaho Non-Economic Damages Cap: A Bad Idea
When one person’s negligence injures another person, the injured person has the right to recover monetary compensation for the damages they incur. The term damages has two parts. One part of damages are the economic losses (lost income-medical expenses etc.). The second part are the non-economic losses (loss of enjoyment of life, disfigurement, pain and suffering etc.). A more complete discussion of damages can be found in our discussion of Idaho personal injury law basics.A Legislative Mistake
Succumbing to lobbying pressure from big dollar interests, however, in 1987 the Idaho Legislature adopted a bad idea. In 2003 the legislature doubled down on that bad idea. That bad idea was imposing an arbitrary limit on non-economic damages. This limit is called the “cap.” In 1987, the legislature set the initial cap on damages at $400,000.00. In 2003, the legislature reduced it to $250,000.00. The cap idea was part of the so-called tort reform efforts. The whole tort-reform movement, however, is based on a series of myths and untruths about the civil justice system. Tort reform laws, in Idaho and elsewhere, only have three goals:- To make it more difficult for injured people to file a lawsuit;
- To make it more difficult for injured people to obtain a jury trial; and
- To limit the amount of money injured people receive in a lawsuit.
Real-World Examples Of Non-Economic Losses
Examples make the fact the cap hurts those already hurt the most easier to see. Think about a 7-year-old child made quadriplegic because the driver of an 18-wheel truck ran over her family’s minivan. She would get pennies a day to pay for her loss of an ordinary life. Other examples of catastrophic non-economic damages can be found. It would include the losses faced when a trucker asleep at the wheel kills your first born child. Or you lose your arm or a leg or both because of a carelessly constructed balcony. They are there when a drunk driver crashes into you and you end up spending your life confined to a wheelchair. Or perhaps the slipshod electrician whose work results in you going through life with disfiguring burns of the face and torso. These losses are also there when the insurance company refuses to pay for needed medical care leading to the unnecessary death your mother, father or spouse. These true tragedies are the cases where the non-economic losses are the highest.Non-Economic Damages Caps Are Bad For Ordinary People
A deeper look at the law helps explain the bad idea more fully. We can start by looking a bit more closely at the losses for which an injured person has the right to recover. Under Idaho law a jury is instructed to award the following damages proven in the case:A. Non-Economic damages
1. The nature of the injuries; 2. The physical and mental pain and suffering, past and future; 3. The impairment of abilities to perform usual activities; 4. The disfigurement caused by the injuries; 5. The aggravation caused to any preexisting condition.B. Economic damages
1. The reasonable value of necessary medical care received and expenses incurred as a result of the injury and the present cash value of medical care and expenses reasonably certain and necessary to be required in the future; 2. The reasonable value of past lost earnings lost as a result of the injury; 3. The present cash value of the future earning capacity lost because of the injury, taking into consideration the earning power, age, health, life expectancy, mental and physical abilities, habits, and disposition of the plaintiff, and any other circumstances shown by the evidence. 4. The reasonable value of necessary services provided by another in doing things for the plaintiff, which, except for the injury, the plaintiff would ordinarily have performed; and 5. Any other specific item based upon the evidence. Economic Losses Economic losses are pretty straight-forward. For example, the easiest of these is past medical expenses. That includes all that were actually and reasonably incurred because of the injury. There is no dollar limit on these costs. Another, somewhat more difficult component of economic loss is “future medical expenses.” This one includes those likely to be incurred because of the injury. It is plaintiff’s burden to prove the existence of such expenses. Unfortunately insurance companies hire biased physicians to perform hired medical examinations. These opinions the insurance companies buy can make proving future damages difficult. That is true even when your own doctor believes they will be coming. Another component of economic loss is lost income. When a person regularly works for X dollars an hour for Y hours a day and has missed Z days of work such losses are easy to calculate. But if a person is a business owner who missed a meeting that may have helped create a relationship that could have led to business, such a loss is difficult to prove. In fact, anyone like a commission salesperson or even a painter or other contractor has difficulties in proving all their losses. Providing enough proof to take such damages outside the “realm of speculation” is sufficient for a plaintiff to recover under the law. However, you must persuade the jury (or insurance adjuster) the claimed loss is an actual loss.Non-Economic Losses
On the non-economic side, however, no matter what a jury decides, an injured person’s claim is arbitrarily limited. The Idaho Legislature’s actions has taken the evaluation of damages away from the citizens. Admittedly, non-economic losses by their nature are not readily or easily quantifiable. But to the injured person, they are real losses. It also makes no sense either in light of other juror powers. For example, we trust juries to decide whether a convicted criminal should be put to death for their actions. That is a far greater power than one to award money damages. It is also important to recognize that a trial judge always has a chance to evaluate a jury award to rein in any actual “run-away jury” award. But, even though they can never know the details of the case in which they have pre-judged the losses, the legislature imposed its arbitrary limitations on Idaho citizens.The Question Of Idaho’s Non-Economic Damages Cap’s Constitutionality
By application of any straight forward logic, the cap statute should be considered unconstitutional. The United State Constitution’s 7th Amendment and Idaho’s own Constitution seem to preclude such a law. Other state legislatures have passed similar laws. Many state supreme courts have rejected such indiscriminate caps as unconstitutional. Idaho’s court unfortunately did not find that to be true. Though the one case that the Court has considered did not a raise a number of important points about thecCap’s constitutionality. So there still is some hope that the Idaho Supreme Court will be given a chance to evaluate the cap again in the future,The Cap Causes Real Problems in Litigation
Such caps are most damaging to non-working people such as homemakers or children. This is because such citizens do not have a good lost wages claim. The caps also cause practical problems in getting cases settled. Insurance companies reason that instead of paying 100% of the amount of their potential exposure they can risk a trial. This is because a jury might award less. And they can impose pain on a plaintiff in dealing with the costs of going to trial. It is just a reality of their negotiating tactics.Being Thankful For The Little Things
There are two small things that make Idaho’s version of damages caps not as evil as some versions. First, the 1987 legislature included an adjustment to the cap. The cap increases based on the increase in the average annual wage change as calculated in the workers compensation world. The specific calculation is available online. And, if a plaintiff can show the person who caused the injury acted recklessly or intentionally, as opposed to being merely negligent, then the damage cap does not apply.Related Videos
Rules of a Personal Injury Claim
Choosing a Personal Injury Attorney
How can Hepworth Holzer, LLP help you if you have a personal injury case in Idaho
At Hepworth Holzer, LLP, we are committed to providing exceptional legal representation and support to individuals who have suffered personal injuries in Idaho. Our team of dedicated and experienced personal injury attorneys is here to assist you throughout every step of your case, ensuring that your rights are protected, and you receive the compensation you deserve.- Extensive Experience: With decades of experience handling a wide range of personal injury cases in Idaho, our firm has a deep understanding of the state’s laws and legal processes. We have successfully represented clients in cases involving car accidents, slips and falls, medical malpractice, product liability, and more.
- Personalized Approach: We believe that every personal injury case is unique, and each client deserves individual attention. When you choose Hepworth Holzer, LLP, we take the time to listen to your story, assess the specifics of your situation, and develop a personalized legal strategy tailored to your needs.
- Aggressive Advocacy: Our attorneys are skilled negotiators and litigators. We are not afraid to take your case to court if necessary, and we will fight tirelessly to secure the maximum compensation possible for your injuries, damages, and losses.
- Thorough Investigation: Building a strong case requires a thorough investigation of the incident and gathering compelling evidence. Our legal team works diligently to collect and analyze all relevant evidence, including medical records, accident reports, witness testimonies, and skilled opinions, to strengthen your claim.
- Handling Insurance Companies: Dealing with insurance companies can be overwhelming and challenging. We handle all communications with insurance adjusters, protecting you from tactics that may undermine the value of your claim. Our goal is to ensure you receive a fair settlement that covers all your present and future needs.
- Full-Service Representation: From the initial consultation to the final resolution of your case, we provide comprehensive legal support. We will explain your rights and options, guide you through the legal process, and keep you informed at every stage of your case.
- Contingency Fee Basis: At Hepworth Holzer, LLP, we understand that personal injuries often bring financial burdens. To ease your worries, we work on a contingency fee basis, which means you don’t pay any upfront fees. Our fees are only collected if we successfully secure compensation for you.
- Compassionate and Caring Approach: We understand the physical, emotional, and financial toll that a personal injury can take on your life. Our team is not only focused on achieving legal success but also on supporting you throughout the healing process.
