Unfortunately, we live in a world where accidents happen. Sometimes these accidents result in the painful loss of a loved one, some in expensive and long-term medical care, and others in an unlucky fender bender. Regardless of these accidents, finding the right settlement for you can be a burden. Hopefully this article will guide you through the laws and advice in Idaho to help you with your case.
If you are filing for settlement, there are a few things to beware of:
- Idaho is an at fault state, which means that the person responsible for the accident will use their insurance, before using yours.
- Idaho has a statute of limitations of 2 years for all claims. This means that you have 2 years from the day of the accident to file a complaint. Many people wait too long and ultimately forego a gracious settlement!
- Idaho uses the comparative fault rule. This means that if you are held 10% responsible for the accident, then you will receive 10% less on your settlement. Let’s say that you were involved in an accident that had $100,000 dollars in damages. The court found that you were 10% responsible for the accident. In this case, the settlement you receive is $90,000. If you were held 50% responsible for the accident, then you forego any compensation.
- Idaho has a damage cap of $250,000 on non-economic damages. This means that you cannot receive a settlement greater than $250,000 for pain and suffering damages.
What can I receive in my case?
It depends. There are several factors that can determine your settlement amount. Your compensation could be awarded based upon the type of case and the facts involved. However, here are some tips that could help you get the most from your settlement:
- Determine how much the defendant is worth. Understanding how much the defendant is worth could help you determine how much you can receive from them.
- Physical damages are not the only factor in determining a settlement. You may be compensated if you can prove emotional suffering and other forms of non-economic damage.
- Make your case strong by providing evidence that supports your damage claims. Weak evidence could result in smaller compensation.
At Hansen Injury, we will assist you in every detail to help you get the compensation you deserve. Please contact us today!