There are many, many, questions that we discuss with people who call us to talk about their Idaho personal injury case. Below are a few that we hear regularly and some basic answers. We are always happy to discuss these issues further so do not hesitate to call us about your injury claim.
How fast must I pursue my case or claim?
The law provides a limited amount of time for you to take action to recover your injury damages. In Idaho the basic statute of limitations for a personal injury provides you only two years from the date of your injury to file a lawsuit. There are some exceptions. For example, you are required to file a tort claim notice within 180 days if the government injured you and if you were injured before you were 18 the time is somewhat extended. But most of the time, if 2 years passes you are barred from filing a claim.
Will I have to go to court?
Most people who deal with accident injury case worry that they will have to go to court to obtain compensation. However, the vast majority of cases settle without a trial. Many settle without a lawsuit being filed. Every case is different and the only way to know whether you will need to go to court is to contact an experienced attorney and have the case fully evaluated.
How much is my case worth?
The compensation available depends on on the extent of your injuries and the available recoverable resources. There’s no magic formula. The more serious your injury, the more the case is worth. For example, a person who suffers minor connective tissue damage, neck strain etc., will not receive as much compensation as someone who sustains a catastrophic injury. Certainly, filing a lawsuit does not mean you automatically receive reimbursement. However, if your claim is successful and the defendant has appropriate resources, you may receive compensation for pain and suffering, loss of wages, and medical expenses.
The law does not require you to hire a lawyer to file a claim. But, the reality is having a good lawyer for your injury case can improve the amount you recover and certainly increases the chances for success in filing a lawsuit.
What is negligence?
You are negligent if you act unreasonably or do not act with “reasonable care.” That has different meanings in different situations. To recover for a personal injury claim you have to prove that another person or a business was negligent and that the negligence caused the injuries.
If I fall and hurt myself on someone else’s property, do they have to pay me for my injuries?
It depends. You have to prove that the property owner was negligent and that the negligence is what caused your fall. In addition, you have to show that you were not equally at fault for not watching where you were going. Every slip and fall has to be evaluated based on its own facts. The issue is always “what did the property owner do wrong?” Call us to discuss the facts in your case. It is generally helpful to identify witnesses and to take photographs if possible.