There are a good number of reasons why having a Boise auto accident lawyer as part of your accident recovery team is so important. Accidents involving motor vehicles can cause severe trauma to victims’ bodies as well as their psyches, necessitating weeks or even months of treatment and rehabilitation. Accidents involving motor vehicles can often leave victims with lasting disabilities that make it impossible for them to return to their previous line of employment.
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When you are also attempting to recover or grieve after a major vehicle accident or deadly collision, it may be scary and difficult to navigate the hurdles that insurance presents.
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At this extremely busy time, what happens if you miss critical deadlines or opportunities to document anything, and as a result, you are unable to receive compensation?
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A competent lawyer who specializes in personal injury law will work on your behalf to prevent something like that from taking place.
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Your insurance claim is in good hands with our reputable personal injury attorneys who have the self-assurance and knowledge to handle it. Don’t struggle through this predicament on your own.
After being in a vehicle accident, what should I do first?
After an accident, the first thing to do is to make sure everyone is safe. To check if anyone is harmed, stop the vehicle in a safe location off the road (but still close to the area) and get out. Contact the authorities to have an accident report filed and call emergency services. Please wait until the police have concluded their report before leaving the scene of the collision.
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The following data is also recommended to collect if at all possible:
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- Identification details of all parties involved (license plates, contact info)
- Details on coverage and insurance numbers
- Visual documentation of the event
- Witnesses’ full names and email addresses
Although a private investigator would most likely make an effort to collect this information on their own, it is still to your advantage to do so to ensure that evidence supporting your claim is not lost in the confusion that ensues after an accident.
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You should make an appointment with your doctor as soon as you are released so that you may be evaluated for injuries, some of which you might not even be aware of. You should also notify your insurance company that you have been in an accident and seek the counsel of a personal injury lawyer who can help you build your case through the insurance claims process.
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After an auto accident in Idaho, how soon should I make a claim?
You should start as soon as possible. There is a Statute of Limitations (or “time limit”) of 2 years for injuries sustained and 3 years for damage to property.
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It might seem like a long period of time, but it will likely fly by as you deal with things like filing an accident report, speaking with your insurance company, getting checked out by a doctor, and preparing your case for court. You’ll have a higher chance of making a full economic and physical recovery if you get started right away.
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After an automobile accident, the window of opportunity to file a claim with your insurance company is typically significantly smaller. Unless your injuries prevent you from doing so, you should file your insurance claim within three days of the accident. It is recommended that you see a doctor and consult with a personal injury attorney within this time frame.
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This is important so that you may seek the medical attention you need for any injuries you sustained (including those you don’t yet realize you have) and so that your lawyer can assist you in making sure your claim is processed correctly.
Where does responsibility lie when two cars collide?
One of the primary considerations in establishing liability in an automobile accident case is who was at blame.
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In Idaho, “fault” refers to a motorist’s degree of carelessness that contributed to an accident, and the state uses a system known as “Proportional Comparative Fault” to determine liability.
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When drivers don’t take common sense precautions to keep themselves and others safe on the road, they’re being negligent. Your losses will be reduced by the percentage of blame assigned to you, up to a maximum of 50%, if you have been found to have contributed in any way to the cause of the accident.
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It is against Idaho law to file a personal injury claim if you were more than half responsible for an accident.
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If you cause an accident that results in $5,000 in damages and you are judged to be 20% at blame, you will only be entitled to collect $4,000 (80% of the damages, with 20% to account for your culpability in the accident). If the other party was more than half responsible for the collision, they will be unable to file a claim for damages.
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Similarly, if you and another person were both judged to be 50% at fault for an accident, neither of you could sue for damages.
Does an auto accident settlement have a cap?
According to Idaho Code 6-1603, the state caps awards for intangible losses including pain and suffering and physical scarring to one year’s salary for each year of disability. Every year on July 1st, this figure is revised. The limit as of this writing is $250,000.
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However, there is no limit on economic damages like medical costs, lost earnings, and assistance costs directly attributable to the injuries sustained. Yet, insurance companies may be tenacious, making negotiations challenging, especially if the opposing party tries to pin the blame on you.
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If you believe you have been unfairly treated and need to take your case to court, a skilled attorney may be able to help you negotiate a settlement that would best help you recover physically and financially.
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Should I hire a lawyer if I've been in a car accident?
Having legal representation is a good idea after any vehicle accident that results in bodily harm, whether to you or someone else. You may believe that the insurance company will assist you to figure things out, but in reality, they handle each claim with their own team of attorneys and adjusters.
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The next logical step is to file a claim with your insurance company; but, if you lack the necessary expertise in this area, you cannot be certain that you will be handled fairly. This knowledge is available from a seasoned attorney.
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You may also have trouble with your insurance company or the other party’s insurance company while trying to establish fault. Idaho uses a modified comparative fault statute to determine fault. Because of this, proving who was responsible is crucial if you want to collect damages that are proportional to the harm you suffered.
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Say, for argument’s sake, Jenny is at fault for 80% of the situation and Sara for the other 20%. Sara might collect up to 80% of the compensation if she sues Jenny over the accident. Based on Idaho’s amended comparative responsibility rule, Sara would not have had a case if she could not show that Jenny was more at fault than she was.
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Establishing blame can be challenging without the necessary resources, but an experienced attorney can assemble a formidable team of expert witnesses to back up your case. Having legal representation is a terrific approach to feeling more confident about your case.
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Insurance companies can more easily use unfair loopholes and policies against you if you don’t have a lawyer on your side. Your accident attorney will be able to recognize such tactics and defend you against them. If you’ve been in a vehicle accident, your attorney will be an invaluable resource in pursuing financial recompense.
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When determining who is responsible and how much money should be awarded for damages, it’s always best to have an attorney on your side to make sure you aren’t unfairly punished or made to pay for something that wasn’t your fault.
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