Sustaining injuries in an accident can leave you in pain and distress. Additionally, you may be apprehensive because you are not sure when or if you’ll be going to work. The laws and provisions in Idaho allow you to seek compensation for the injury and damages.
They say information is power. That’s why you should have the facts on accident claims, even as you decide to find a personal injury attorney. Here are some important points you should keep in mind.
You need to collect and provide enough details about the incidence. It will allow your car accident attorney to put together a solid case. Reports from law enforcement don’t always have adequate information. Your lawyer needs to demonstrate that the other party was negligent, and their actions led to your injury. Such actions may include:
The information you provide will help assess the degree of damage to your finances as well as overall health. Remember, not all cases have to go to court. Sometimes dispute resolution may prove to be a viable option. A personal injury lawyer can use these facts to determine the best course of action.
In Idaho, personal injury claims have a statute of limitations. That means you have two years before you file a case. Otherwise, the attorney may not be in a position to do anything, even if you just found out about it. It is important to keep the statute limits in mind when you are trying to find a personal injury attorney.
Also, Idaho has a comparative negligence rule that can apportion some of the responsibility to the plaintiff. If both are at fault, a percentage is given to each after assessing the facts of the incident.
For example, your car sustains damages in an auto accident, and they determine that the defendant was at fault. But at the same time, you were found to have broken the law. The court may find you 20% at fault, and the other party, 80%. If the damages total $50,000, after a 20% deduction you’ll collect $40,000 in damages. However, if you are found to be more than 50% at fault, you’ll get no compensation.
Also, Idaho has damage caps that place a limit on the amount of compensation in certain situations. Such as, if the damage is purely mental anguish, or it is deemed “non-economic.” It does not limit medical bills and lost wages. But despite these facts, every case is unique. Always consult an attorney with experience, even if you believe you are at fault.
Another reason you should find a personal injury attorney is to avoid bad settlements. Unscrupulous insurance companies and attorneys often try to stall the process. They intend to frustrate a plaintiff to the point where they will be willing to accept a bad deal.
It is not a surprise that there are many people with an injury who will accept a settlement even when the other party is completely at fault. Most patients with injuries fear they will lose their wages and often have high medical bills. That is not to mention the cost may rise further, due to the interests you incur for late payments.
You may be well versed in personal injury law, but the reality is that the legal field is complex. When you file an injury claim, you are going against attorneys and insurance businesses. It is wise to find a lawyer with the right skill and experience who understands the numerous technicalities.
It is always advisable to know the basics of the law, but remember the legal field is extensive and complex. Also, be sure to find a personal injury attorney with the right experience to consult before taking the next step. A professional is in the right position to provide the advice you need for the best outcome as this is just a broad and generic view given that every case is different.