Rexburg Car Accident Lawyer
Rexburg is a fast growing community located in the heart of Madison County. According to the United States Census Bureau, the city’s population has grown by more than a third over the past fifteen years. Of course, with more people moving in comes more automobiles on the road, and, unfortunately, a higher prevalence of serious auto accidents. The Idaho Transportation Department (ITD) reports that there were 342 accidents in Rexburg in 2015, up from 299 accidents in 2013. Those crashes led to more than 100 reported injuries. All car accident victims deserve fair compensation for their losses. To maximize compensation, victims should always work with an experienced Rexburg car accident attorney. A qualified attorney will be able to help protect your legal rights and financial interests.
Victims Should Act Quickly
Under the Section 5-219 of the Idaho Code, victims have two years to bring a personal injury claim. Your claim does not need to be completely settled within those two years, but you must have initiated it. If you fail to act within this time frame, you could lose out on your right to take legal action at all. Please do not let this happen to you. The best way to protect your legal rights is to get your case in front of an experienced car accident lawyer as soon as possible after your crash.
How to Establish Car Accident Liability in Idaho
In Rexburg, liability for an auto accident is established under Section 6-801 of the Idaho state legal code. This is Idaho’s modified comparative negligence statute. There are a few important things that all car accident victims should know about this law. First, liability is tied to negligence. Put simply, negligence is a failure to use reasonable care, thereby causing damage to another party. More specifically, negligence has four required legal elements:
- Causation; and
To hold another party liable for your accident, your attorney will need to be able to prove each of those four listed elements. Additionally, the fact that Idaho is a ‘comparative’ negligence state is extremely important. Under comparative fault rules, accident liability is divided in direct proportion to one’s percentage of the blame for a crash. For example, if a driver is 25 percent responsible for the wreck, then he or she will be held financially liable for 25 percent of the damages. Victims can even be held partially liable for their own accidents. Under the law, injured victims may still collect compensation, even if they are partially at-fault for their own accident, as long as their percentage of the blame does not exceed 50 percent. This is because Idaho has a 50 percent fault bar on recovery.
How Much Is My Personal Injury Claim Worth?
The value of your Rexburg car accident claim will depend on the specific facts of your individual case. Injured victim have a legal right to obtain compensation that accounts for the full extent of their damages. You can seek recovery both for any direct financial losses, as well as any intangible losses. More specifically, our attorneys may be able to help you seek recovery for:
- Damages to your vehicle;
- Medical bills, including expenses related to rehab;
- Lost income, including diminished long-term earning ability;
- Pain and suffering;
- Emotional distress;
- Loss of limb;
- Disfigurement; and
- Loss of life enjoyment.
Be Ready to Deal With the Insurance Company
Almost certainly, you will need to seek compensation for your accident from an insurance company. It may be from a first party insurance company (your own insurer) or a third party insurance company (another driver’s insurer). Regardless, it is imperative that you are prepared for the challenges that come with dealing with insurers. You need to remember one important principle: The insurance company is not on your side. Even if it is your own company, the insurer will be looking out for its own interests (the bottom line) above your interests. Here, our Rexburg car accident lawyers have put together a list of our top four tips for handling insurance adjusters:
- Never admit fault: You may feel pressured by an insurance adjuster into admitting fault or accepting partial blame for your accident. Do not submit; you should never admit fault for a crash. The bottom line is that it is not your responsibility to decide who was to blame for an accident. If the insurance company wants to put blame on you, they will need to prove it with evidence.
- Get everything in writing: If you are told any important information over the phone, please always request confirmation of that information in writing. This is important for a couple of different reasons. First, it will help to eliminate confusion and potential misunderstandings. Further, it will give you a document that you can give to your attorney for review.
- Say as little as possible: If you speak about your accident or your injuries to an insurance adjuster, please say as little possible. You should always stick to the most straightforward facts. Never speculate and never give your opinion.
- Work through your attorney: Finally, above all else, you should always work through your attorney. Your attorney will be able to ensure that your legal rights and financial interests are properly protected.
How Much Does a Car Accident Lawyer Cost?
Our firm handles auto accident cases on a contingency fee basis. This means that there are never any out-of-pocket costs or financial risks for our clients. Instead of charging victims an hourly rate, we simply recoup our legal fees directly out of their settlement offer or successful injury verdict. If we do not win your case, then we do not get paid. It is as simple as that. We are so confident that we can help our clients that we take on all of the risks of pursuing a claim.
Request Your Free Consultation Today
At Hansen Injury Law, our Rexburg auto accident lawyers have extensive experience protecting the legal rights and financial interests of injured victims. Our team is committed to providing cost effective legal assistance to our clients. To learn more about what we can do for you, please contact our team today at 208-922-6650 (Meridian office) or 208-505-9456 (Boise office).