Nampa Car Accident Lawyer | Personal Injury Attorney Idaho

Nampa Car Accident Attorney

Idaho Car Crashes

As more and more vehicles are on the roadways, it is likely that more car accidents will occur. In fact, in areas which are particularly congested, the likelihood of being involved in a car accident significantly increases. A car accident can leave you in a difficult place; you are injured, perhaps seriously, and must deal with insurance companies while making decisions which could potentially affect the remainder of your life. You may have high levels of stress and anxiety as you see the medical expenses mounting and find yourself unable to return to work and make a living. This could result in you also being unable to pay your regular monthly expenses.  

Is Idaho a “Fault” State?

Idaho, like many other states in the United States is considered a “fault” or “tort liability” state—or more precisely, a modified comparative negligence state. This means that following an auto accident, if you are seeking compensation from the negligent driver, you must show the other driver was at fault. This does not mean the other driver must be 100 percent at fault, just that you may not be responsible for more than 50 percent of the liability for the accident in order to seek compensation. This means that if you are awarded $100,000 for the accident, but it is determined that you were 10 percent at fault, then your settlement amount would be reduced by 10 percent—you would only receive $90,000.

Car Crash

1 After you have been injured in a car wreck, the first step is always to seek the medical attention that you need. This may be a trip to emergency room by an ambulance ride, getting to the emergency room yourself, or following up with your primary car physician that day or in the next following days. 

Documentation

2 If you are able to gather documentation of the accident at the scene, that is the best course of action. If not, and you are injured, the next best thing is ensuring that the police are called to the scene. The police will collect information related to the accident that can be used later in your case or insurance claim.

Consultation

3 The sooner you are able to come in for a consultation the better. Many individuals try and negotiate with the insurance company themselves only to find that the adjuster that seemed friendly the whole time was actually just delaying, stalling, and avoiding the actual issues until you request a settlement only to find that they will offer pennies on the dollar to what you are actually entitled to. 

Litigation

4 In the event that settlement negotiations are not succesfull with the at-fault party's insurance company, we will proceed with filing the complaint and serving the at-fault party. After that, the case proceeds to trial and seeking a judgment from a jury.

Statutes of Limitations and Caps on Damages in Idaho

In the state of Idaho, the statute of limitations for personal injury lawsuits is two years, and the statute of limitations for property damage lawsuits is three years.  Additionally, the state of Idaho places a $250,000 cap on non-economic damages—like pain and suffering. Economic damages, such as medical expenses and lost wages are not capped. The types of damages which typically result from a car accident in Idaho include damages to the vehicle, lost wages, lost future earnings, medical expenses, pain and suffering, loss of affection or companionship and wrongful death.

Common Car Accident Injuries

Those who are injured in a car accident can have minor injuries, severe injuries or life-threatening, catastrophic injuries. Even if you “only” have whiplash, a concussion, or bumps and bruises, these relatively “minor” injuries can affect your day-to-day life for a considerable length of time. Whiplash can cause serious, chronic headaches, as can a concussion, as well as constant pain. More serious injuries, such as broken bones, cuts, scrapes, strains, sprains, head injuries, knee injuries and back and neck injuries can cause you to be away from your job for a significant length of time. Catastrophic injuries, such as traumatic brain injury, vision loss, spinal cord injuries causing paralysis and permanent disfigurement and scarring are all injuries which the victim may never recover from. Catastrophic injuries can require constant assistance, a lifetime of surgical procedures, and rehabilitative therapies for a lifetime.

Negligence—the Backbone of Your Idaho Car Accident Claim

If you were injured in a car accident by a negligent driver, you must show the driver owed you a duty of care—that the driver was obligated to drive in a reasonable, safe manner. You must then show the driver breached that duty of care by failing to drive safely, and that the breach of duty of care caused the accident and, by extension, your injuries. You must then show that the negligent driver’s breach of duty of care resulted in damage or injury to you. Those damages can be physical, financial or, in some cases, mental or psychological. There are certain instances when a car accident is the result of a defective vehicle or vehicle part, faulty road construction or road maintenance, or a flawed road design. If any of these issues caused your accident, you will have a product liability case, or a case against a government entity, which has different rules and statutes of limitations.

How Your Idaho Car Accident Attorney Can Help

Having a knowledgeable Nampa, Idaho car accident attorney by your side can truly make a difference in the outcome of your personal injury lawsuit. Whether you were involved in a head-on collision, were rear-ended or hit on the side, or whether your accident was the result of a distracted, fatigued or impaired driver, an experienced car accident attorney can help you through these difficult times, fighting for you, your family and your future.

Your Nampa car accident attorney will ensure you are not left with serious injuries, no way to make a living, and nowhere to turn. In many cases, an experienced attorney is the only things standing between the victim of a car accident and an indifferent or unscrupulous insurance company. When you need skilled legal guidance to level the playing field against an insurance company, contact an Idaho car accident attorney.

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