If you have been involved in an accident and suffered an injury, you will likely want to know what your options are for seeking compensation for your damages. In Idaho, there are laws in place to protect individuals who have been injured in an accident caused by the negligence or reckless behavior of another person or entity. Here is what you need to know about Idaho personal injury laws.
Table of Contents
What is Personal Injury?
Personal injury occurs when a person suffers harm as a result of the negligence, recklessness, or intentional actions of another person or entity. Common examples include car accidents, slip and fall accidents, medical malpractice, and product liability cases.
Statute of Limitations
In Idaho, personal injury claims are subject to a statute of limitations. This means that you must file a lawsuit within a certain timeframe after the accident or injury occurred. In most cases, you have two years from the date of the injury to file a lawsuit.
Comparative Fault
In Idaho, the law recognizes the concept of comparative fault. This means that if you are partially at fault for your own injuries, your compensation may be reduced by the percentage of fault assigned to you. For example, if you were awarded $10,000 in damages but were found to be 25% at fault, your award would be reduced to $7,500.
Damages
Damages refer to the compensation you may receive for your injuries and losses resulting from an accident. In Idaho, there are two types of damages: economic and non-economic.
Economic Damages
Economic damages are those that can be easily calculated, such as medical bills, lost wages, and property damage. These are typically awarded to compensate the victim for their financial losses resulting from the accident.
Non-Economic Damages
Non-economic damages are more subjective and may be harder to quantify. These include pain and suffering, emotional distress, and loss of enjoyment of life. These damages are meant to compensate the victim for their intangible losses.
Negligence and Liability
To recover damages in a personal injury lawsuit, you must prove that the other party was negligent and responsible for your injuries. This means that the other party breached their duty of care and caused your injuries as a result. For example, a driver who was texting and caused a car accident would be considered negligent and liable for any resulting injuries.
Hiring a Personal Injury Attorney
If you have been injured in an accident, it is essential to consult with a personal injury attorney who can help you navigate the legal process and fight for your rights. An attorney can help you gather evidence, calculate damages, negotiate with insurance companies, and represent you in court if necessary.
Conclusion
If you have been injured due to the negligence or reckless behavior of another party, you have the right to seek compensation for your damages in Idaho. Understanding the state’s personal injury laws and consulting with a qualified attorney can help you get the justice and compensation you deserve.