Personal injury is an area in the practice of law that allows a person who claims injury to seek compensation for damages from the person or entity who they believe is at fault. Those damages might widely range from actual physical harm to emotional trauma. They might also include lost earnings or other monetary losses.
If you or a loved one has been injured in the Post Falls, Coeur d’Alene, or surrounding areas in Idaho, contact us today for a free, friendly consultation. We are caring personal injury attorneys, and our firm has been practicing law since 1948.
Common causes of personal injury lawsuits
We handle all types of personal injury claims. Some of the more common cases include:
- Auto accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability
- Product liability
- Wrongful death
Do I need a Personal Injury Lawyer?
Sometimes, accidents include simple property damage and injuries consist of scrapes and bruises. In those cases, we encourage you to contact us for a free consultation, even though you will likely not need us. However, when severe injuries are involved, you will often obtain significantly more compensation for your case with the assistance of an experienced personal injury lawyer.
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Frequently Asked Questions:
After determining the cause and severity of the injury, the type of injury must be identified. The types might be:
- Soft tissue injuries to the neck and cervical spine
- Simple fractures requiring a cast or more severe fractures requiring surgery
- Burn injuries
- Traumatic brain injuries ranging from concussion to brain penetration by an object
- Traumatic spinal cord injuries causing varying degrees of paralysis
- Fatal injuries causing a wrongful death
Sometimes the claimant is partially responsible for his or her own injuries. Under those circumstances, it’s not unusual for the defendant to raise the law of comparative negligence. Every state has its own law regarding comparative negligence, and Idaho is what’s known as a modified comparative negligence state. Pursuant to Idaho’s comparative negligence rule, if a claimant’s total fault is less than 50 percent, he or she can be awarded damages, but any amount of damages attributable to him or her must be deducted from the damages award. For example, if a claimant was awarded $100,000, but he or she was determined to be 30 percent comparatively negligent, the damages award must be reduced to $70,000. If the claimant is determined to be 50 percent or more at fault, Idaho law won’t permit a damages award.
Nearly all personal injury lawsuits are founded on the law of negligence. Negligence might be defined as the failure to use reasonable care to avoid causing personal injury or property damage to somebody else. To prove negligence, the person claiming injury must prove that:
- The person he or she claims to be responsible for the accident owed him or her a duty
- There was a breach of that duty
- The breach of duty caused the claimant to be injured
- The claimant suffered legally recognized damages
If the claimant fails to prove any one of those elements, a viable negligence case just doesn’t exist, and the case fails. If the claimant does prove all of the elements of negligence, he or she is entitled to a damages award. Damages Idaho personal injury cases might include but not be limited to:
- Past and future medical bills
- Past and future lost earnings
- Any permanent disfigurement
- Any permanent disability
- Pain and suffering
In personal injury cases, damages are classified as economic and non-economic. Economic damages like medical bills or lost earnings are ascertainable by using simple math, but there’s no way to calculate non-economic damages like pain and suffering with specificity. Most states have not capped non-economic damages. Idaho has capped them at $250,000.