Traffic Accidents: Car, Truck, Motorcycle
Kurt D. Holzer
John W. Kluksdal
J. Charles (“Charlie”) Hepworth
John J. (“JJ”) Janis
Your Injury Attorneys–Offering Help For Motor Vehicle Accidents In Boise and Throughout Idaho.
A quality Boise accident attorney effectively handling your claim for injuries following any motor vehicle crash makes a difference. Hiring an experienced accident lawyer will help you receive full compensation in money damages for your loss. Contact us to discuss your situation. Experience shows having the right motor vehicle accident lawyer makes a big difference.
Award-Winning Idaho Motor Vehicle Accident Attorneys Who Have Recovered 10’s of Millions of Dollars For Clients
For the Boise, Idaho, personal injury and accident lawyers at Hepworth Holzer, LLP, getting you the money compensation you deserve is our focus. Our law firm has years of personal injury law experience. We have handled many highway and traffic accident claims. When you have been in a wreck, we are committed to fighting for your full and fair compensation.
The resolution of your claim is not a race. The law gives you only one chance to resolve your injury claim. You want it done right. If your car crash claim is resolved prematurely or without adequate preparation, your financial recovery will undoubtedly be less than you deserve. You want your accident injury attorney to be sure any settlement provides you the money you need and deserve. The law does not let you collect compensation for medical conditions and losses you identify after a resolution of your accident or your personal injury claim.
To discuss your claim with a respected Boise auto accident lawyer, contact us today to schedule an appointment. Our results on behalf of our clients show we are committed to being Idaho’s best injury lawyers.
We Offer Comprehensive Legal Services For Accident Victims
As Idaho auto wreck attorneys, we provide full and comprehensive legal services aimed at fully addressing your legal needs. Following a car crash, we can:
- Assist you through your treatment
- Help coordinate your insurance benefits
- Work to ensure your treatment, ambulance, hospitalization, physical therapy, home care and other expenses are paid
- Pursue your maximum compensation from all applicable insurance coverage through negotiation, mediation, arbitration and/or litigation
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. And if there are medical liens or government insurance such as Medicare or Medicaid 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 lawyers take care of these unfortunately complicated legal issues in a way to increase the amount of money you personally receive.
Caring For You Regardless Of Your Injuries
We can handle your full claim regardless of your injuries, which may include:
- Herniated disks and bulging disks
- Back injury requiring surgery
- Whiplash and neck injury
- Quadriplegia, paraplegia and paralysis caused by spinal cord injuries
- Low back pain and injury
- Brain injuries, traumatic brain injuries (TBI), open head injuries and closed head injuries
- Headaches, vision changes, emotional problems and cognitive issues
- Shoulder and neck injuries and pain
- Broken bones and leg, arm, hand, feet and knee breaks
- Radiating pain
- Chronic pain
- Numbness, tingling and shooting pain
- Soft tissue injuries, and injuries to connective tissue, tendons and muscles
- Wrongful death of a loved one
Getting You The Compensation You Deserve For Your Injuries
One of the most misunderstood aspects of car accident injury claims are the actual things for which a person who hurts you is responsible. In most instances, an injured person has the legal right to recover damages (financial compensation) for the following basic categories of harms and losses.
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, 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 arising from a motor vehicle accident, these medical expenses are part of the 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 and other professionals 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
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 car accident or other injury, but you 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.
In addition to your lost income and loss of future earning capacity, you may be entitled to recover any loss of benefits, such as 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. We may need to hire experts, such as a vocational expert (an expert in work) or an economist to address this issues for you. These experts will review your financial and medical records, then 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—(Pain and Suffering)
Another part of your personal injury claim is the way your injuries affect your daily life — what 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 noneconomic damages for:
- “physical and mental pain and suffering, past and future”;
- “impairment of abilities to perform usual activities”;
- “disfigurement caused by the injuries”; and
- “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, here in Idaho someone who suffers chronic pain after an injury is entitled to be compensated for that aspect of loss.
Physical pain is a sensation and suffering is a mood or emotional experience. Pain is the awareness, through a stimulus in the brain, of something that could damage your tissues and is followed by a feeling of discomfort or unpleasantness. By contrast, suffering is an emotion that could be considered the opposite of happiness or enjoyment, and involves cognitive awareness of an unpleasant situation, or a lack of the pleasure the victim could have expected had it not been for the injury. Suffering could 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 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, so you may 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.
The compensation offered in 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 personal injury lawyer to help you obtain the fullest and fairest compensation permitted by the law.
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 that injury has had a direct negative effect on the marital relationship. Generally, you cannot 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.
Sometimes, the non-injured spouse, at the direction of an experienced personal injury lawyer, can present compelling testimony at trial. This helps convince a jury that an accident has affected not only the marital relationship, but also the family. Juries sometimes empathize with the spouse who was not injured and better appreciate how the injuries have affected the marriage and the family.
But such damages are only available in compelling circumstances. After all “for better or worse” is expected to mean something. Only an experienced lawyer can help you determine whether you should add a loss of consortium claim to your personal injury claim.
Contact Us For A Free Case Review And Assessment Today
The Idaho law firm you choose to handle your accident injury case makes a difference. Our Boise attorneys represent people in auto accidents all over Idaho. If you have questions following a car or truck accident and injuries, from herniated disks to brain injuries, call us locally at 208-343-7510 or toll free at 877-343-7510. You can also contact us online.