It’s very stressful to be involved in any kind of accident and it can be traumatizing too. Aside from the trauma and stress from the accident, it can also be overwhelming to file a lawsuit against the person or company that is responsible for the accident, especially if you are not aware of the personal injury laws in the area of jurisdiction. Each state in the US has different laws with regard to personal injury claims.
Injury claims occur in different settings such as car accidents, workplace accidents or accidents while on duty, slip and fall, medical malpractices, dog bites, assault and other intentional torts, and a whole lot more.
If you happen to be in Idaho and you get injured or involved in an accident, here are some basic information on personal injury laws in Idaho to help you protect your rights to be compensated for any suffering and pain that you may have incurred due to any kind of personal injury or accident.
Idaho follows a fault system wherein the person or company who is responsible for an accident or injury is liable for property damage or personal injury. The fault system in Idaho is usually applicable for cases of car accidents wherein you are given different options when negotiating an insurance settlement. You can claim damages with your own insurance company or claim with the other party’s insurance company or you can also choose to file a lawsuit in court in order to establish fault which is a rare case since most people choose to settle through their insurance companies.
Comparative Fault Rule
During the hearing on your case, if the court decides that you are partly at fault for the injury or accident, under Idaho’s comparative fault rule, you will receive a reduced amount of damages corresponding to the percentage of the damage that you might have caused as decided by the court. If it is deemed that you are 50% or more at fault, you won’t be allowed to collect damages from the other party.
Statute of Limitations
The statute of limitations or time limit for filing a lawsuit for personal injury cases in Idaho is two years. The lawsuit must be filed within two years from the day of the accident or the day that you were injured in order to be compensated from that injury. You will lose your right to claim for damages if you fail to file a lawsuit beyond the two year deadline.
Some states put a limit to the amount of compensation that the injured person may claim for certain circumstances in personal injury cases and Idaho is one of them. Idaho puts a damage cap of $250,000 on non-economic damages like emotional distress or pain and suffering. This damage cap is not applicable to economic damages such as lost wages and medical bills.
Multiple Defendants or Parties
It is possible to have more than one party responsible for an accident or injury. In this case, Idaho requires all parties responsible for the accident or injury to share the responsibility by paying the damages corresponding to their share of fault.
Types of Personal Injury Cases
Most cases of personal injury in Idaho pertain to car accidents, but there are other types of personal injury cases where an individual may claim and receive compensation for the damages. The personal injury cases in Idaho include pedestrian accidents, bicycle accidents, dog bites, RV accidents, scooter injuries and wrongful death. There are other incidents that may also be covered by personal injury law. To know more about what kind of personal injury cases can be compensated for or to discuss your situation and whether you are entitled to a compensation, you can contact a .
Compensation Offered by the Law
You have the right to collect compensation for damages for:
• Emotional distress
• pain and suffering
• Loss of companionship
• Loss of enjoyment of life
• Medical expenses brought about by the accident or injury (including previous and future medical expenses)
• Lost wages including wages in the future
• Property damage
• Any disfigurement