An injury can change your life forever. If you or a loved one was injured due to the negligence of another person or entity, such as a company or a medical professional, you might feel angry or frightened. In such a situation, you might not be sure where to turn. Fortunately, you can get financial help from a settlement by working with a Boise personal injury lawyer.
People who suffer personal injuries due to car accidents, defective products, medical negligence, or dangerous drugs will often incur catastrophic consequences, which may cause significant changes to their daily life. But whether you were hurt in an accident, had a slip and fall accident, or suffered from using a faulty product in Idaho, you could have a personal injury case and collect damages like medical bills, property damages, pain and suffering, and others.
At Boise Personal Injury Lawyers Group, we understand the kind of pain and frustration that personal injury victims experience. That’s why our lawyers are committed to helping victims get the justice and compensation they need and deserve. Get in touch with us today at (208) 968-9060 for a free and confidential consultation.
Our aim is to take control of your case and maximize the compensation you can receive, along with delivering quality service. This should let you focus on recovering and taking care of your family. Get in touch with our team to find out how much your case is worth.
What Should I Do After an Injury?
If you or your loved one has been injured, you should try to stay calm and follow the steps outlined below to help you prepare for a personal injury case:
Get Medical Treatment If Needed and Keep Records of All Treatment
Go to the emergency room, a healthcare clinic, or visit a general physician as soon as possible after the accident. If necessary, call an ambulance to the scene of the accident. Note that any delays in seeking medical attention could have consequences not only for your health but also for your case.
Most insurance companies will consider a person getting medical attention within 72 hours following the accident a reasonable timeframe. Also, while speaking to your doctor, mention all of the injuries, even if you think they are minor, without embellishing or exaggerating them. Be honest with your doctor and follow their orders.
Report the Incident
For any accidents that resulted in significant injuries or property damage, you should contact the police. If it’s a slip and fall on someone else’s property, be sure to report it to the property owner or manager. This will help create documentation for the accident and the injuries you sustained. In case it’s a car accident, the officer would note if the other drivers involved received any form of citation for breaking traffic laws, which will help advance your case.
Take Photos/Video If You Can
In any personal injury case, you will have to prove that you were injured because of someone else’s negligence. To do so, you must provide evidence and documentation. So, if you can, be sure to take photos or videos of the scene of the accident and capture things like any hazards that might have been present (wet floors, loose gravel, etc.), damage to your property (car, phone, etc.), the weather conditions, and anything else that might be relevant.
Exchange Contact Information
It’s also wise to get the contact details of the witnesses present at the scene. Politely ask the witnesses for their full names, phone numbers, addresses, and any other relevant contact information, such as license numbers and insurance information for car accident cases.
Never Admit Fault
Although it’s natural instinct to apologize at the scene of the accident, avoid it at all costs. Why? The other party or their insurance company might take it as an admission of liability, which may affect your case later on.
Obtain Legal Representation
Once you receive medical attention, you should act fast and find a reputable and experienced personal injury lawyer you can work with to help you with the case. You want to work with someone who has your best interests at heart and help you build a strong case. Keep in mind that the defendant and their insurance company will have legal counsel – you should too.
Why Do I Need a Lawyer?
The time following your accident can be overwhelming. Our lawyers know this, and we can help you navigate the legal side of things during this difficult time. In case you’re considering filing a lawsuit, it helps to know how a lawyer can help.
Case Preparation
We always start the process with a free case assessment. This allows us to ask you about the accident and injuries in detail. This will help us understand the circumstances surrounding your case and formulate the best legal strategies for your case. We encourage our clients to ask questions about us and our team.
Keep in mind that you will be working closely with our attorneys in your case. So you want to be comfortable with the person and be able to trust them. This first meeting is a great time to build a foundation of trust.
When you do hire one of our lawyers, we will promptly start preparing your case. This starts with the investigation process. The investigation typically includes:
- Reviewing accident, police, and medical reports
- Identifying and interviewing witnesses
- Consulting with experts and accident reconstructionists
- Researching local law and other similar cases.
- Analyzing evidence, photographs, or video footage
The available evidence will help us build a strong case so that we are well prepared for the next stage.
Settlement Negotiation
Once the case preparation stage is complete, we start the settlement negotiation process. This typically requires that the lawyer presents a comprehensive offer that is designed to get the maximum compensation possible for your case. Of course, every case is unique, and each will require its own specific evaluation.
Trial Preparation & Representation
Most personal injury cases won’t go to court. However, if the settlement negotiation process doesn’t yield, we are always ready to take your case to trial if needed. Our lawyers are always ready to take your case to trial. Our team of personal injury lawyers is experienced and well trained to thrive in courtroom settings. We know how to explain your case to the judge and jury and make everyone understand why you should get maximum compensation for your injuries.
Our reputation and past successes should help raise the value of your settlement offer and give you greater chances of receiving the maximum compensation for your damages.
What Type of Damages Can I Recover?
Victims may be awarded three categories of damages in a personal injury case.
Economic Damages
Your economic losses are the calculable financial ways in which your injuries affect your financial security. Perhaps the most important component of your economic damages will be the medical expenses. Healthcare costs in the U.S. are very high, and you want these expenses to be taken into account accordingly. Medical costs include:
- All medical bills, including prescriptions, ER, and hospital bills
- Medical equipment
- Transportation costs to and from doctor’s or physician appointments
- Copays
- Rehabilitative services
- Diagnostic imaging
- Occupational and/or physical therapy
- Adjustments to your home or car to accommodate medical equipment in your home
- Lost wages and loss of future earnings
- Property damage
Non-Economic Damages
These are the losses that don’t affect your financial state but have a significant impact on your life. Some good examples include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Inconvenience
- Loss of companionship and love
- Scarring and disfigurement
- Loss of household services
Punitive Damages
For some personal injury cases, the court or jury might decide to award punitive damages. It’s rare for courts to award punitive damages, as they are meant to punish defendants who are found to be too malicious, willful, or reckless or those who had a blatant disregard for human life.
How Is Liability Determined?
For your case to be valid, you have to prove that your injuries and/or damages were a result of someone else’s negligence. The core things you need to prove include:
Duty
You have to show that the defendant (accused party) owed you a duty of care. For instance, in car accident cases, all motorists owe a duty of care to other road users.
Breach of Duty
You also need to prove that the party at fault was in breach of their duty of care. An example of a breach of duty of care would occur in cases like DUI/DWI car accident cases, where the driver is in breach of their duty of care towards other motorists.
Causation
The party at fault must have been the direct cause of the damages and injuries the victim suffered for the case to be valid.
Damages
For the plaintiff to have a valid case, they will have to show that they incurred actual damages, such as medical costs, property damages, pain and suffering, etc.
It’s also worth noting that Idaho is a modified comparative negligence state. Under the state’s comparative negligence rules, the claimant can only be awarded damages if their total contribution to the accident is less than 50%. Any amount that is attributed to him/her will be deducted from the damages award.
For instance, if the claimant was awarded $100,000 compensation for their damages, but the court found them to be 20% responsible for the accident, the compensation award will be reduced to $80,000.
How Much Time Do I Have to File a Personal Injury Claim in Idaho?
The statute of limitation will perhaps be the most important law with regard to your injury claim. In Idaho, the statute of limitations for personal injury cases is two years from the date of the accident. Failure to file your case within this deadline will most likely be taken as forfeiture of your rights to pursue damages in the future.
Idaho courts are generally strict when it comes to upholding the statutes of limitations. They will simply refuse to hear cases brought once the time limit to file has elapsed.
What Is the Personal Injury Claims Process?
At Boise Personal Injury Lawyers Group, we offer free consultations to all our personal injury clients, so you have nothing to worry about talking about your case with us.
Hire a Lawyer
When you meet with a lawyer, talk about the following issues in detail:
- What happened
- The parties you think are responsible
- The evidence you have
- The injuries and/or damages you incurred
- What (if any) communication you might have had with the other party or their insurer
- Your lawyer will then get to work and file a claim with the appropriate insurance company, and immediately start investigating your case to build a strong case.
Investigation
Your attorney will work to get a copy of the incident or accident report and collect the appropriate evidence for your case. This typically includes:
- Photographs of injuries or property damage
- Medical records and bills
- Police reports
- Documents highlighting any lost wages and lost earnings
It’s important to get a full account of your injuries and medical condition before your claim is settled to avoid settling for an amount that doesn’t cater to the long-term effects of your injuries.
Negotiating with the Insurance Company
Insurance adjusters will review your case and do their own independent investigations. They will then give you an initial settlement offer. In many cases, the initial offer is low and doesn’t really account for all the long-term damages.
Before accepting any offers or signing any papers, it’s important to have an attorney review them. Keep in mind that accepting an offer means that you cannot reopen a claim later to get more compensation.
Your attorney will continue negotiations if the initial offer was low. In many cases, we are able to reach a fair settlement with them. However, if the negotiations are unsuccessful, your lawyer will proceed to file a lawsuit.
Filing a Personal Injury Claim
The lawsuit will commence once you and your attorney file a complaint in a state court naming the defendant(s) that is allegedly responsible for your damages. The complaint and its accompanying paperwork will then be filed in a county court, where the defendant is under a deadline to initiate a counterclaim or a response.
Trial
Finally, the trial phase will start, and it typically takes at least several days. The judge or jury will determine if the defendant is at fault for the accident and the plaintiff’s losses, and how much they are required to pay out in damages.
After trial, either party has the option to initiate an appeal, which could last several months to several years. Once the appeals process is complete, a defendant who loses the case is required to pay the damages outlined at trial or in the appeal.
How Much Will a Boise Personal Injury Lawyer Cost?
For personal injury cases, most lawyers won’t charge any lawyer fees upfront, and will instead work on a no-win, no-fee arrangement, which is commonly referred to as contingency. You will only be required to pay the lawyer fees if and when they win the case on your behalf, and you are awarded compensation. This makes it easy for most clients to acquire professional legal representation that gives them a good chance of receiving maximum compensation.
What Are the Types of Injury Cases We Handle at Boise Personal Injury Lawyers Group?
At Boise Personal Injury Lawyers Group, we have years of experience handling all sorts of different personal injury cases, such as:
Automotive Accidents
Our firm handles personal injury claims involving vehicle crashes, including car accidents, truck accidents, bus or taxi collisions, Uber/Lyft accidents, bicycle and motorcycle accidents, pedestrian accidents, boat accidents, roadway defect accidents, etc.
Medical Negligence
We are committed to seeking justice and compensation for victims of medical malpractice, including cases involving medical facilities, doctors, nurses, nursing homes, daycare facilities, and any other party.
Slip and Fall Accidents
We have been representing victims of slip and fall accidents for decades now, and you can rely on us to seek compensation and justice for the injuries and damages sustained due to the negligence of a property owner.
Wrongful Death
Losing a loved one due to the negligence of another person can be heart-wrenching; no one deserves to go through that. Our team always works diligently to make sure that the at-fault parties are held liable for their actions through a wrongful death claim.
Defective Products
Our team of personal injury lawyers is well experienced at handling cases involving defective products that caused harm to you or a loved one. We can handle cases involving faulty machinery, defective medical products, vehicle or parts defects, and many others.
The personal injury lawyer you choose will have a major impact on the outcome of your case. All of our lawyers will do everything in their power to get you favorable results. We take pride in making sure that victims of personal injury and their families are well taken care of in the future.
Contact a Boise Personal Injury Lawyer Today
If you or a loved one was a victim of personal injury, we can help. Boise Personal Injury Lawyers Group is a team of compassionate and aggressive lawyers in Boise, Idaho. We have the skills, knowledge, and resources to fight for your rights and get you the maximum amount of compensation available for your personal injury case.
Call us today at (208) 968-9060 to schedule a free appointment for a case evaluation with us.
