Boise Tort Claim Attorney

Do you need legal help?



Boise Tort Claim Attorney

Do you need legal help?



Boise Tort Claim Attorney

We help people with claims against the government throughout the state of Idaho

Recovering damages from the government for personal injuries caused to you presents special challenges. It is probably no surprise that there are special barriers to get over and “hoops to jump through”before you are allowed to even file a lawsuit.

Do you need legal help?



Trust worthy, honest, efficient, and effective – all words that describe John Edwards and his staff! Working with the team at Hepworth Holzer helped me focus on getting well and not on the financial worries of my situation.

Kathy Crowley

John Edwards and his staff are excellent. They took the time to explain the process completely and worked hard to ensure I would get the most out of my settlement. John is a very caring lawyer who cares more about his cleint then the possible gain from the end results. He was able to work with my insurance company to lower their reimbursement to the lowest possible amount and even ensured I would be taken care of with furture clains by waiving co-pays for my shoulder and neck injury.

Lee Morris

Mr Holzer has an above-and-beyond, do the right thing approach to life. He is caring and thorough. I’m grateful to know him and have his assistance!

Sarah Brown

Charlie Hepworth provided excellent legal services to my husband and I. In 2015, I was struck by a semi-truck on the connector and spent five weeks in the hospital. Charlie was referred to us by a friend and we were so fortunate to have him on board. He was compassionate, knowledgeable, highly experienced, and guided us every step of the way. We are pleased with the outcome and having Charlie on our team certainly made the long process of recovery a bit easier.

Guy H.

I am writing specifically about John Kluksdal. The work that he did for me was nothing but amazing. When it was time to go into my settlement hearing, he worked extremely hard and was able to get a justifiable settlement. He’s great!

Guy H.
7 Mistakes That Ruin Personal Injury Cases

7 Mistakes That Ruin Personal Injury Cases

Get our FREE guide and find out how you can protect your rights with Hepworth Holzer, LLP

Boise Tort Claim Attorney

We help people with claims against the government throughout the state of Idaho

Recovering damages from the government for personal injuries caused to you presents special challenges. It is probably no surprise that there are special barriers to get over and “hoops to jump through”before you are allowed to even file a lawsuit.

The Process Of Suing The Government In Idaho

Idaho law requires an injured person file a Notice of Tort Claim with the government body involved.  This specialized procedure invites mistakes with its  special requirements.  The need to file a Notice of Tort Claim is one reason why you need an experienced law firm to help do battle with the government.

And, even if you prevail against the government in a lawsuit, it can take advantage of special legal limitations on damages that can prevent you from recovering for the full extent of your actual losses.

“The Government” Includes Many Things.

If your injury arose because of the actions of any of the following organizations r their employees, you will need to file a Notice of Tort Claim before you can file a lawsuit:

  • Any State of Idaho department;
  • Any Idaho State agency, authority, commission or board;
  • A hospital owned or operated by the State a County or a City;
  • Any Public college or university;
  • A County (sheriff /road department etc.);
  • City;
  • Municipal Corporation;
  • Health District;
  • School District;
  • Irrigation District;
  • Special Improvement or Taxing District;
  • Nursing Home established by a County or City;
  • Any other State or local governmental entity

A Notice of Tort Claim needs to be Filed Fast.

Idaho law requires you to file a proper notice of tort claim  within 180 days of your injury.   If that does not happen, any law suit you file will be thrown out of court.  The rule can be different for a minor (person under 18) but filing within 180 days is always the thing to do.

Get the Notice of Tort Claim To The Right Person.

This can be incredibly difficult to do for many reasons.  The law says the notice must be “presented to and filed with the clerk or secretary of the political subdivision. ”  Because of all the problems created by this language you should always consult with a good experienced Idaho accident and injury lawyer to make sure that your notice is filed in the right place and with the right person.

An Idaho Notice of Tort Claim Has Specific Requirements.

Idaho law does not require that you fill out a specific form–although some government entities do have forms that you can use.  For example, for Boise City the law does require that your Notice of Tort Claim contain specific information.  The things required are:

  • The conduct and circumstances which brought about the injury;
  • A Description of the injury or damage;
  • The time and place the injury or damage occurred;
  • The names of all persons involved that are known;
  • The amount of damages claimed:
  • The residence of the claimant at the time of filing the notice; and
  • The residence of the claimant for a period of six months before the filing of notice.

It needs to be signed by the claimant unless he is incapacitated, a minor or a nonresident. In those cases the notice can be filed by any relative, attorney, or agent representing the claimant.

The Government’s Response To A Notice of Tort Claim Can Vary.

Idaho law says the entity involved  has 90 days to respond.  There are basically three responses we see.  The government admits the claim accepts responsibility and offers to settle.  (Very Very rare).  It denies the claim (Rare).  It does not respond to the claim. (Common).  After the 90 days runs you then have the right to sue.  If the government offers to settle the claim and the offer is acceptable no lawsuit is necessary.   If you are not satisfied with an offer to settle, you do not have an obligation to accept it.  You can file suit to pursue your rights to recover more money.

Damages Recoverable from the Government are Limited by Idaho Injury Laws.

In many cases, a claim against a governmental entity may be limited to $500,000 for an injury claim by this Idaho statute. There are, however, some exceptions to this limitation.  In addition, the standard Idaho cap on damages might limit your claim as well.

Client Reviews

stars

“During one of the most difficult times my family has ever gone through, the firm of Hepworth Holzer was our saving grace. Kurt Holzer, John Kluksdahl, and the rest of the firm worked tirelessly to get justice for our mother who was needlessly killed as a result of a drunken driving crash involving a negligent company. They not only secured an unprecedented settlement for my sisters and I, but also supported us during the criminal trial. I could not recommend this firm more!”
– W.D.
Read More Reviews

Call Our Boise Tort Claim Attorneys

Even if you prevail against the government in a lawsuit, it can take advantage of special legal limitations on damages that can prevent you from recovering for the full extent of your actual losses.Because of all the problems involved in this process, you should always consult with a good experienced Idaho tort claim attorney to make sure that your notice is filed in the right place and with the right person. Contact Hepworth Holzer today for your free case review and evaluation.

Call Our Idaho Tort Claim Attorneys

Even if you prevail against the government in a lawsuit, it can take advantage of special legal limitations on damages that can prevent you from recovering for the full extent of your actual losses. Because of all the problems involved in this process, you should always consult with a good experienced Idaho tort claim attorney to make sure that your notice is filed in the right place and with the right person. Contact Hepworth Holzer today for your free case review and evaluation.

Call Our Idaho Tort Claim Attorneys

Even if you prevail against the government in a lawsuit, it can take advantage of special legal limitations on damages that can prevent you from recovering for the full extent of your actual losses. Because of all the problems involved in this process, you should always consult with a good experienced Idaho tort claim attorney to make sure that your notice is filed in the right place and with the right person. Contact Hepworth Holzer today for your free case review and evaluation.

“Boise

John W. Kluksdal

Personal Injury Attorney

Boise Personal Injury Attorney John J (

John J. Janis

Personal Injury Attorney

Boise Personal Injury Lawyer John T. Edwards

John T. Edwards

Personal Injury Attorney