
7 Mistakes That Ruin Personal Injury Cases
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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.
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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.
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:
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.
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.
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:
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.
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.
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.
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.
Personal Injury Attorney
Personal Injury Attorney
Personal Injury Attorney