7 Mistakes That Ruin Personal Injury Cases
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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.
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.
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!
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.
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!
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Have you been left seriously hurt after someone else was negligent? We understand that you are likely upset and feeling lost. We are here to help you through your claim every step of the way to get you the results you deserve. Please don’t hesitate to call us to get your free initial consultation. We will listen to the details of your case and guide you through your next steps in taking legal action.
It begins with your injury that was caused by someone else’s negligence. You may have been at a store when you slipped in a spill that didn’t get cleaned up. You may have been given the wrong meds from your doctor. You may have been smashed into by a truck on the highway. Whoever caused your injuries is going to be the liable party that you will bring the claim against.
You will not be directly suing that liable party. Their insurance company is going to be financially responsible for your justice in the form of compensation. Some people, particularly in cases such as slip and fall or dog bit cases where they know or are friends with the liable party, won’t want to bring a claim because they think their friend is going to have to pay them out of pocket. That’s just not how it works. Their insurance is going to take care of that.
Please note that the insurance company wants to save themselves money, so they will try to lessen the value of your claim as much as possible. You need strong personal injury lawyers in Boise, ID to fight against insurance companies who don’t want to provide just results.
We strongly encourage you to reach out to our personal injury lawyers in Boise, ID as soon as you possibly can. It’ll help build the strength of your case if you get started sooner rather than later. There’s a lot of things that are time sensitive about personal injury cases, such as evidence and witnesses’ memories of what they saw.
When you are involved in an accident or incident that leaves you seriously harmed, it is important to prioritize your health over everything. We understand that life is busy and complicated and you likely have priorities that need to be taken care of, but seeking immediate medical attention is going to help you get better. It will also help your personal injury case get stronger and give you a better chance at success. Delaying seeking medical attention means that you are likely not going to see the results that you deserve.
Collecting evidence at the scene of the accident is going to be important to the success of your case, as well. If you are not physically capable of staying on the scene because you got on an ambulance and were rushed to an emergency room, you can call on a friend, family member, or even our personal injury lawyers in Boise, ID come onto the scene and get the evidence needed to build a strong case. Either way, you need to make sure you can preserve photos, videos, and gather contact info from witnesses. Lawyers may be able to gather even more evidence, which is why it’s so important to talk to them as soon as possible.
Lastly, under no circumstances should you be giving the insurance company a recorded statement. They are trained to ask you questions that lead you to answer in an unfavorable way. That means that they can devalue your claim and you will not get the results that you deserve.
Personal injury is a term that covers a lot of varieties of accidents and incidents. Our personal injury lawyers in Boise, ID cover a lot of different types of cases, including:
If you feel you are eligible to bring a personal injury case, please don’t hesitate to reach out to our personal injury lawyers in Boise, ID. We can prove an initial free consultation to help you get the guidance you deserve.
Getting harmed in a car accident can change your life, but not in a good way. The pain and suffering you now have to go through because some other person on the road wasn’t doing their job is unacceptable. Our personal injury lawyers in Boise, ID are here to help you get through this difficult time. Please do not hesitate to call us and set up a free first consultation.
We understand after a car accident you’re likely experiencing a lot of pain. There are some people who want to power through the pain and continue taking care of their other priorities in life. We strongly advise against this because of two factors. First, we don’t want you to delay medical attention because you need to seek treatment for injuries in order to get better.
As personal injury lawyers in Boise, ID, we would like you to get to what we call maximum medical recovery not only for yourself but for your case. This brings us to our second point. Not seeking medical care can harm your case because we don’t know the full extent of your injuries. That means we don’t know for sure what you are owed by the insurance company. The insurance company will also take any opportunity to devalue your claim. If they see that you have not sought care, then they are going to claim that you lied about the severity of your injuries or that you didn’t get the injuries in this car accident.
We understand that your injuries won’t disappear because you were awarded compensation. We want you to understand, however, that this is how you’re going to get justice. The insurance company who represents the viable party in your car accident will be responsible for your compensation. Your personal injury lawyers in Boise, ID are going to hold this party accountable for the damages their insured has caused you.
Idaho has comparative fault laws, which means that you can receive compensation even if you caused the accident partially. It breaks down into percentages. If you are less than 50% at fault for the car accident, then you can receive some compensation. It might be reduced if it’s above 0%, but you will receive something. If you were found to be 50% at fault or higher, then you will not be allowed to collect compensation.
Here is an example of how these rules might come in to play:
Let’s say that you are going down the highway. You are going just above the speed limit and someone in the right lane cuts in front of you and nicks the front of your car. You spin out and the car in front of you does too. In a case like this, the person who cut in front of you might be responsible for 90% of the accident because they didn’t use a turn signal or look before they merged. Maybe you get 10% fault because you were going over the speed limit. If you were to be awarded $100,000 in compensation it would have to be reduced by 10%. That means that you would be able to take home $90,000.
We help people whose lives have been turned upside down by traffic accidents. There are the physical injuries, work issues and medical bills to face.
When an auto accident involves your personal vehicle, there are many other things to deal with. For example, you must also find a way to replace or repair your vehicle so you can continue to get to work, take your children to school, and perform other necessary tasks.
It is true. People hurt in serious auto accidents should hire skilled personal injury lawyers in Boise, ID as soon as possible. There is often a need to take quick action following an auto accident. Good lawyers know how to preserve and protect your rights as an injured person.
If you or someone you love has been involved in a collision, call us. You will talk to a car accident lawyer at our Boise, Idaho firm. We have investigated hundreds of car and truck crashes. We have also recovered millions of dollars in compensation for injured people and for the families of wrongful death accident victims.
We can help. Our history shows we have taken a number of cases where the client knew they had a valid claim but other attorneys didn’t think they had one. Because of our knowledge and experience, we know how to look at things differently.
For example, in one case a stop sign was covered by trees and not maintained properly. Our client drove through the intersection and hit another car. Other attorneys said, “You hit them, there’s no case. It’s your fault.” That opinion, though, came without going to the scene or doing any investigation into the facts of the case. When these folks came to our office, we spent time learning the facts and undertook to investigate the true cause of the collision. Upon investigation, we learned the city had notified the homeowner numerous times and cited the homeowner for not clearing their tree. Based on our work, liability of the homeowners was established and we were able to protect our client.
Evidence such as skid marks can fade away shortly after the accident. Likewise, the extent of injuries sustained by the victim can fade over time. There may be a need to take photographs that can preserve crucial evidence, and a skilled trial lawyer can recognize such needs and respond quickly. There may also be a need to interview witnesses while their recollections are fresh. Often, there will be a need to keep track of significant events, such as missed days from work.
We understand how to collect crucial evidence at the beginning of a claim that makes all the difference in the end.
The insurance company for the driver who caused the accident is guaranteed to be very experienced in dealing with claims related to motor vehicle accidents. They will be gearing up for the prospect of a claim being made by the injured person from the moment they are notified about the accident.
Insurance companies will often ask you to give a recorded statement. That statement is only for the benefit of the insurance company, not for your benefit.
Similarly, many insurance companies will ask the injured victim to provide them with a medical release. That allows the insurance company to obtain any of your medical records, regardless of whether they are related to the accident or not. More often than not, the insurance companies of the driver that caused the accident will NOT pay for your medical expenses. They are under no legal obligation to do so until there is a resolution of the entire claim.
On the other hand, the insurance on the vehicle you were in may have medical payments coverage that insures the immediate payment of your medical expenses up to their limits of coverage, regardless of who is at fault in the accident. You should contact your insurance company to inquire about whether you have medical payment coverage. If you do, submit your medical bills to your own auto insurance before you send the medical bills to your health insurer.
A question that usually arises soon after an accident occurs regards getting your vehicle fixed or being paid for the damage done to your vehicle in the accident. Insurance companies typically address these property damage claims soon after the accident. Under Idaho law, the insurance company is required to pay the lesser of two amounts: either the cost of fixing damage incurred in the accident or, if the car is totaled, the fair market value of the vehicle just before the collision occurred. The insurance company is not obligated to pay off any loan on the car.
At Hepworth Holzer, LLP, our attorney team has practiced car and truck accident law for well over a combined 100+ years. We have handled car accident claims involving all types of auto accidents, including:
Truck accidents can cause catastrophic injuries and sometimes lead to your loved one’s death. We stand by victims of truck accidents in their pursuit of justice. If you are looking for dependable and fierce personal injury lawyers in Boise, ID, please do not hesitate to call us right away to get the help you deserve. Set up your free initial consultation today. We will fight for you!
Evidence collection is a huge part of a successful case. We know that sometimes people get whisked away in an ambulance, but if you’re able to collect photos, videos, witness contact info, etc., it will help your lawyers build a stronger case for you.
Getting one of the personal injury lawyers in Boise, ID to start on your case immediately means you likely have a stronger case because they can collect even more evidence, such as the black box info from the truck, as well as any possible CCTV footage of the accident.
Evidence is important, especially if you end up having to take the case to trial and show a jury how the accident happened.
Medical attention should be your personal, first priority. If you’ve been seriously injured, you absolutely should not wait to seek medical attention. Your health is more important than anything after you’re involved in a truck accident.
There are serious consequences to avoiding medical care. Your health is at stake, for one. You may get worse. You also need to consider what it may do to your case when you try to take legal action. If the insurance company looks at your medical records and sees you waited weeks to go to a doctor — it doesn’t matter what reasons you had for the delay however valid to you they may be— the insurance company will use that against you. They will claim you lied about how badly you were hurt or even where you got your injuries.
Last, we need to warn you against talking to the insurance company. They are financially responsible for compensating you if their insured was physically responsible for harming you. That’s what insurance companies are around for. That doesn’t stop them, however, from trying to save themselves money. They will do everything they can to devalue your claim. That includes getting you to agree to a recorded statement.
Under no circumstances should you give them a recorded statement. They will ask you questions that force you to answer unfavorably. They will use your words against you to throw away or lessen your claim. Let your lawyers handle communication with the insurance company.
How Idaho Personal Injury Lawyers in Boise, ID Can Help You
As personal injury lawyers in Boise, ID, we provide full and comprehensive legal services aimed at fully addressing your legal needs.
Following a car crash, we can:
Insurance coverage for car collisions and truck crashes can be extremely complex. Often, your own medical or auto insurance is required to pay your initial expenses. Later, the other drivers’ and other parties’ insurance coverage may apply. An issue of subrogation or the right to repayment becomes part of your claim. If there are medical liens or government insurance such as Medicare or Medicaid, too, it gets ever more complex. Correctly coordinating these payments, minimizing the amount others get, and maximizing the amount you get is a critical part of your injury claim. Good personal injury lawyers in Boise, ID take care of these unfortunately complicated legal issues in a way that increases the amount of money you personally receive.
We can handle your full claim regardless of your injuries, which may include:
It’s hard to explain in words the grief you feel when you lose someone you love. It is particularly hard when that said loved one was killed in an accident or incident that could have been avoided. Our personal injury lawyers in Boise, ID want to fight for justice for you and your family. You deserve full and fair results and we know how to get you that. Please don’t hesitate to call us as soon as possible to set up a free initial consultation.
You may wonder if your loved one’s death was something that would be considered wrongful in the eyes of the law. It is a complicated matter, but, generally speaking, if your loved one died in an accident caused by someone else being negligent or careless, then you and your family may be eligible to seek justice.
The ways people are lost that are considered wrongful death are frequently accidents, such as construction, slip and fall, medical malpractice, and so on.
This is certainly not a comprehensive list of every way you could lose someone that would be considered wrongful death. Perhaps the most famous case of a wrongful death claim where the plaintiffs won against the defendant was between OJ Simpson and the Goldman family. OJ was found guilty of wrongful death and ordered to cover damages for the Goldman family.
If you are not sure if your case is a wrongful death claim, please do not hesitate to reach out to us as soon as possible to get your case looked at by our personal injury lawyers in Boise, ID. We can advise you on whether or not you should pursue legal action.
You would be seeking financial compensation from the insurance company who represents the liable party. In the case of medical malpractice, it might be the insurance company of the hospital or medical professional. If it was a construction accident, it may be the insurance company of the third party.
You may have more of a chance at a successful claim if you and your personal injury lawyers in Boise, ID are able to prove that there was a person or entity responsible for the death of your loved one. You also need to be able to prove that this liable party was directly responsible for the death of your loved one either because of their wrong actions or inactions.
This is considered negligent behavior. If you can prove that your loved one would have lived had the liable party acted differently, then you’re going to have a better chance at having a strong case.
The family of the loved one is typically going to be the plaintiff in the wrongful death claim. The plaintiff is typically family, in most cases, because those are the next of kin. If you are unsure of who will be the plaintiff in your claim, please don’t hesitate to reach out to our personal injury lawyers in Boise, ID.
Most frequently, the plaintiff in a wrongful death claim is the spouse of the deceased loved one. If they were never married, then the plaintiff may be the other family members. It might be the parents or the child of the deceased loved one.
Of course, the situation of every family is unique, so the plaintiff in your case may be totally different from someone else’s wrongful death claim.
Our personal injury lawyers in Boise, ID understand that every case requires specialized experience. The plaintiff of your wrongful death claim may be an aunt, sibling, or cousin, if the situation is appropriate. Reach out to our lawyers as soon as possible to get the help you and your family need.
When you talk about getting a compensation award for your wrongful death case, please understand that it is extremely difficult to put a money amount to the damages that your deceased loved one suffered. You can get compensation for the follow:
When you’ve lost someone you love, having personal injury lawyers in Boise, ID on your side can help you get the justice you and your family deserve. Reach out to us as soon as you can. We want to be there for you every step of the way. Please call us today to set up your free initial consultation.