Idaho Personal Injury and Accident FAQ

There is no single way that attorneys and insurance companies calculate pain and suffering damages. However, two common approaches include the per diem method and the multiplier method. 

In the per diem method, a daily rate is assigned to the pain and suffering and multiplied by the number of days you’re expected to experience it. That amount is added to the financial costs from the accident, such as medical bills and lost wages, when evaluating the potential value of your claim. 

With the multiplier method, your financial costs from the crash, such as medical bills and lost wages, are added together. That figure is generally multiplied by a factor between 1.5 and 5 based on the severity of your injuries. Lower factors typically represent less serious injuries, while higher factors are reserved for severe or catastrophic injuries. The product of that multiplication is used to estimate the pain and suffering component of your claim.

It depends. You are never legally required to engage a car accident attorney, no matter how severe the collision was. However, consulting one can be helpful. Here’s why: 

• What seems like a minor crash may be more serious than you initially think.
• Even minor soft-tissue injuries can be costly, especially if you need physical therapy or follow-up medical care.
• The insurance company’s first settlement offer is often lower than what your claim is truly worth.

That said, you may be able to settle a minor accident claim on your own if there was little vehicle damage and you suffered minimal injuries. Hiring a lawyer in those situations might work against you, especially when it comes to attorney’s fees. 

That’s the beauty of a free consultation. 

At Attorneys of Idaho, we will give you an honest assessment of your case at no charge. If we don’t think you need legal representation, we’ll tell you.

No. When you file a car accident insurance claim, your wisest course of action is to engage an experienced attorney to handle all communications with the insurance company. You are not required to discuss the details of the accident with the adjuster, nor should you agree to provide a recorded statement or sign any release forms. If an insurance adjuster calls, refer them to your lawyer. If you have not had an opportunity to speak with a lawyer, avoid discussing fault and tell the adjuster you are contacting a car accident attorney. 

If you suffered injuries in an uninsured driver accident, you may still have options. First, check your auto insurance policy. If you purchased optional uninsured motorist (UM) coverage, you could file a claim with your own insurer for your medical expenses, lost wages, and other losses, up to your policy limits. 

If you have no UM coverage, you might be able to sue the at-fault driver for compensation if they have sufficient assets. Your health insurance may help with other medical costs, but recovering compensation for lost income or other damages may be challenging.

In Idaho, if you share partial fault for a car accident in which you got hurt, you may still be able to recover compensation. However, the state’s comparative negligence law bars you from obtaining compensation if you are 50 percent or more to blame. If you are 49 percent or less at fault, any compensation you receive will be reduced in proportion to your share of fault.

The timeline of a car accident case varies, depending on the complexity of the injuries and other factors. Some individuals reach a reasonable settlement with the insurance provider within a few months. Other car accident claims may take years, especially if the case goes to trial.

Other factors may impact how long it takes your car accident case to settle, such as:

• The costs of your medical treatment
• If there are expected future medical expenses
• Whether you suffered a permanent disability
• If the collision involved multiple parties
• Whether an insurance company disputes legal liability for the crash

An experienced car accident attorney can advise you on what to expect during the claims process.

There is no average car accident settlement in Idaho. That’s because the value of each case depends on the specific facts of that case. No two injuries are the same, and neither are the losses that an accident victim experiences in terms of lost wages, medical bills, and pain and suffering. As a result, no one can give you a reliable assessment of the value of your claim until they have reviewed the details — and they absolutely should not offer guarantees of a particular result.

Idaho law generally gives an injured person two years from the date of the accident to file a lawsuit against the at-fault party. Two years may seem like a long time, but it can fly by quickly. If you file a lawsuit after the deadline, the court can dismiss the case. If that happens, you lose the right to seek compensation through the court system.

Our experienced team handles various personal injury situations. Here’s a list of some of them:

• Bicycle, boating, bus, and truck accidents
• Incidents involving dog bites or medical malpractice
• Accidents in nursing homes or involving pedestrians
• Issues of premise liability or sexual harassment
• Accidents with rideshares, public transit, or trains

People often use the terms ‘claim’ and ‘lawsuit’ interchangeably, but they are distinct stages. A claim is a demand for compensation, often sent to an insurance company. If negotiations fail, then the claim can transform into a lawsuit, where the matter might go to court.

Not necessarily. Many claims are settled outside of court. But, if fair compensation isn’t offered, then court proceedings might be needed.

You might hear terms like economic and non-economic damages. The former includes tangible losses like medical bills and lost wages, while the latter deals with pain and suffering. In some cases, punitive damages might also be awarded.

If you played a role in the incident, it might affect your compensation. The fault will be divided among all parties involved, potentially affecting the compensation amount.

If a previous injury worsened because of the accident, it can be considered in your claim. It might require evidence showing how the recent incident aggravated the old injury.

While not mandatory, having an expert by your side ensures you’re better informed and possibly better compensated. It also helps in navigating interactions with insurance companies.

There is no cost to hire us, so call us now!

Yes, each state has a statute of limitations, which is a deadline for filing lawsuits. It’s crucial to be aware of these time limits to avoid missing out on potential compensation.