Idaho Personal Injury
If you have suffered personal injuries or harm in the state of Idaho as a result of an accident caused by another's fault, you may be entitled to money to compensate you for your damages. The purpose of monetary recovery is to reimburse for damages such as past and future medical bills, past and future lost wages, and pain and suffering.
Types of Personal Injury Cases in Idaho
Personal injury law typically refers to mental, emotional, and physical injuries that are sustained to a person's body and health as a result of another party's negligence. Personal injuries may vary in severity from mild and minor, at one end of the spectrum, to devastating and catastrophic at the opposite extreme. Tragically, in some cases, even death can result. It is important to note that personal injury law does not afford any type of recovery for damage or loss caused to a party's real or personal property, such as a house or car.
Personal injuries can happen in a variety of ways. Typically, causes for such injuries may involve:
- car accidents
- trucking accidents
- bicycle accidents
- pedestrian accidents
- vulnerable road user injuries
- motorcycle accidents
- scooter injuries
- recreational vehicle accidents
- dram shop liability
- drunk driving and drunken offenses
- animal bites
- wrongful death
Of course, this list is not exhaustive. There are many other potential causes.
How Is Fault Determined in Idaho Personal Injury Cases?
In order to collect monetary recovery in a personal injury case, a plaintiff in Idaho must establish the defendant was negligent in conduct and/or actions. More specifically, a prevailing plaintiff must set forth the following elements in his or her case:
- Duty. The party causing injuries or harm (defendant) had a legal duty or responsibility not to cause injury or harm to the other party (plaintiff).
- Breach. The defendant fell short and failed to meet the legal duty or responsibility not to cause harm or injury to the plaintiff.
- Causation. There is a causal connection or nexus between the defendant's breach of legal duty or responsibility and ultimate harm or injury caused to the plaintiff.
- Damages. The plaintiff did indeed suffer actual harm or losses, often in the form of physical injuries and/or financial harm.
Idaho Has Adopted the 50 Percent Bar Rule in Negligence Law
Like 11 other U.S. states, Idaho has adopted the 50 percent bar rule. This rule mandates that a damaged litigant is not able to recover monetary compensation for injuries and/or losses sustained if he or she is 50 percent or more at fault for them. However, if the plaintiff is 49 percent or less at fault for his or her injuries, he or she is able to receive a recovery. Note, though, that any ultimate recovery will be reduced in accordance to the proportion of fault. Learn more about the differences between comparative and contributory negligence.
Whether you live in Boise, Aberdeen, Meridian, Sun Valley, Twin Falls, Garden Valley, Kellogg, or elsewhere in Idaho, a personal injury attorney can assist in reviewing, explaining, and evaluating legal options, alternatives, remedies, and potential sources of recovery.
Find a local Idaho personal injury attorney today
An Idaho personal injury lawyer can help evaluate your situation and explain your legal options. If the Idaho personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.