Boise Personal Injury Lawyer
Do you need help obtaining the compensation you deserve after a serious injury? Speak with a qualified Boise injury lawyer who will fight for your right to full compensation for your losses.
The effects of a catastrophic injury can completely upheave your life. Not only will you be stuck dealing with they physical damage done, but you’ll likely be impacted financially when you need to take time off of work to focus on your recovery. This can put your family in financial ruin if you’re unable to continue supporting your household.
When you suffer injuries caused by the negligent or careless actions of another person, you shouldn’t be stuck paying for the damages you’re facing. Hold the negligent parties responsible for their actions by working with a qualified Boise personal injury lawyer. The attorneys at Craig Swapp & Associates can help you present a compelling case for why you deserve compensation.
Common Accidents That Qualify for Personal Injury Claims
The type of accident you were injured in will be a determining factor in the way your attorney goes about investigating your case and computing the value of your claim.
We deal with many types of accidents when handling personal injury claims at Craig Swapp & Associates. Some of the case types we handle regularly are premises liability accidents, work and construction injuries, motor vehicle wrecks, and defective product claims.
Cases like these often hinge on a rule known as the “Open and Obvious” doctrine. If the safety risk was clear and obvious, but you proceeded without proper regard for your safety, the property owner can’t be held responsible. Fortunately, it’s often the case that the property hazards that injure people in Boise are not open and obvious, meaning the victims can recover compensation.
Work and Construction Accidents
The construction industry has some of the highest employee injury rates in the country due to the tremendous safety risks on construction sites.
Though you may be entitled to workers compensation benefits, they often aren’t enough to cover the full extent of your damages. A work injury that is caused by another person and prevents you from working—temporarily or permanently—may warrant the filing of a personal injury claim. Fault in these types of accidents will typically fall on either your supervisor, a colleague, or a third party.
Motor Vehicle Accidents
Probably the most common of all accident types, motor vehicle accidents happen when a tractor-trailer, motorcycle, pedestrian, automobile, or bicyclist collides with another vehicle. More often than not, the other involved driver, vehicle parts manufacturers, and/or the Idaho Department of Transportation will be found culpable in motor vehicle collisions.
The physical damage done in these crashes can be catastrophic, and the assistance of a personal injury lawyer in Boise is often helpful in gathering evidence and establishing fault.
In a defective product case, an item that has been manufactured and sold to a consumer malfunctions, resulting in a serious injury. The best example of a product liability case would have to be the infamous case of Liebeck vs. McDonald’s Restaurants, in which an elderly woman suffered third-degree burns after coffee kept above industry standard temperatures spilled on her lap.
The good news in products liability claims is that nearly anyone involved in the chain of distribution of the product can be named as liable in your claim.
Find out if Your Accident Warrants a Civil Suit
No matter what type of accident you’ve been involved in, we have the experience and knowledge to build you a powerful case that can provide the compensation you need to fully cover your injuries and damages.
Laws You Should Know
There are various Idaho laws that will pertain to your Boise personal injury claim. It’s important that you are aware of these before you begin the claims process so that you aren’t surprised if or when they have an impact on your case.
Possibly the most influential laws include that of the statute of limitations for personal injury claims and the state’s comparative negligence laws. Read on to learn more.
Your Claim Must Be Filed before the Statute of Limitations Runs Out
Getting your claim filed before the statute of limitations expires is critical to your case. We will have only two years from the date of your accident, or from the date in which you were diagnosed with an injury relating to the accident, to file your claim.
This becomes pertinent because gathering evidence, securing expert testimony, compiling witness statements, and calculating the extent of your injuries can take a fair amount of time.
If your claim is not filed within the statute of limitations, your case will, unfortunately, no longer be able to be heard in court. Essentially, your opportunity for recovering compensation for your losses will be gone.
Filing a Claim against the Government
In cases where it has been established that a government agency, such as the Idaho Department of Transportation, is at fault for the cause of your accident, you will need to act fast. The statute of limitations for claims against a government agency is only six months from the date of the incident or diagnosis.
This dramatic decrease to the statute of limitations substantially reduces the amount of time we’ll have to build you a powerful case. As you now know, filing your claim before this statute of limitations runs out is critical. Failing to do so means that we cannot move forward with your claim.
Idaho Negligence Laws and How They May Affect Your Claim
It’s also important that you are aware of comparative negligence laws, which state that if you are found to hold a percentage of the blame for the accident that injured you, the compensation you receive will decrease proportionally.
For instance, if the judge were to find that you were 25 percent liable for the cause of the accident and you were issued an award of $75,000, your award would be reduced by 25 percent and you would actually receive $56,250. What’s more, if you are more than 50 percent liable, you could wind up having a personal injury claim brought against you by the other involved party, which would greatly affect your case.
Obtaining Compensation for Your Injuries in Boise
When we file your Boise personal injury claim, we will include a request for what we determine to be a reasonable compensation award. One way we are able to put a value on your injuries is by using the official diagnosis from your physician to calculate the impact your injuries will have on your life, both now and in the future.
You can expect your injuries to have significant, far-reaching effects on your life, including both economic and non-economic losses. Non-economic losses are those that don’t impact your financial state but still affect your life. Examples include the following:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Loss of companionship and love
- Scarring and disfigurement
- Loss of household services
Your economic losses are the more obvious financial ways in which your accident will affect your financial security. Possibly the most important component of economic damages is your medical expenses. The cost of healthcare across the United States is extremely expensive, so you’ll need these expenses to be taken into consideration accordingly. Your medical expenses can include:
- Hospital bills
- Transportation costs to and from doctor appointments
- Medical equipment
- Adjustments to accommodate medical equipment in your home
- Costs of prescription medications
- Rehabilitative services
- Physical and/or occupational therapy
- Diagnostic imaging
- Ambulance fees
You will also be able to include your lost wages, property damages, and the loss of future earnings as part of your economic damages.
There is a strong possibility that if the liable party in your case intended to cause you harm or was egregious in their actions, you could receive a sum of punitive damages. Designed to punish the defendant, punitive damages will make an example of the at-fault party and hopefully prevent future wrongdoers from acting irresponsibly.
The kind of injury you have, as well as what type of accident you were involved in, will establish whether the above damages apply to your case. Your attorney will ensure that no loss goes unaccounted for when calculating how much your claim is actually worth.
What to Expect in Dealing with the Insurance Company
Apart from having to handle the various aspects of your civil lawsuit against the at-fault party, you’ll also have to deal with the insurance company. You are probably assuming that the insurer is going to be on your side; after all, you were the one who suffered here.
However, the insurance company is not on your side. In fact, you can expect them to do whatever they can to reduce the amount they’ll be expected to settle for. There are many strategies they have for doing this, including making quick offers and requesting statements from claimants.
Insurance companies are notorious for their lowball offers. What may seem like a significant settlement to you may not be so substantial when we consider the complete impact your injuries will have on your life. The insurer is almost always going to attempt to offer you less than you deserve in order to protect its profit margins.
We don’t recommend making a statement to the insurance company. Insurance adjusters have a reputation for twisting the statements you provide to lower the amount they will have to pay you by making it seem as though you are more at fault for your injuries than you actually are.
Instead, let your Boise accident injury lawyer handle the negotiations on your behalf so that there is no risk of your being taken advantage of by avaricious insurance adjusters.
Boise Personal Injury FAQ
For most injury victims in Boise, questions are plentiful. After all, few people have ever filed a personal injury claim before. We’re here to answer any and all questions you have. Below, we’ve provided the answers to some of the most common questions we receive.
Will I need to go to court?
Most cases are able to be settled in the negotiations process. There are some cases, however, where the insurer refuses to come to a reasonable agreement or fails to negotiate completely. In such a case, we are more than prepared to bring your claim in front of a judge or jury.
In fact, it would be well-advised for you to be ready to go to court, as it can often return the most favorable outcome when your case is heard by an impartial judge and/or jury.
Can I afford an attorney?
At Craig Swapp & Associates, you can. We work for our clients for a contingency fee. This means that you don’t have to pay a dime unless or until we win your case. Then, our agreed-upon payment will come directly out of your awarded compensation so you don’t have to be concerned with making a payment later.
My child was involved in an accident. Can I sue on their behalf?
Parents can absolutely be advocates for their children who have been injured in an accident. As minors, children are unable to bring a claim forward for themselves, but that does not mean their age renders them ineligible for the same compensation an injured adult would be entitled to.
It is your responsibility as their parent to act on their behalf. You can file a Boise personal injury claim for your child so that they can achieve maximum compensation for their suffering.
Speak with a Boise Personal Injury Attorney
If you’re ready to reclaim your life and fight for the compensation you’re entitled to, call an experienced attorney at Craig Swapp & Associates. If you choose our firm, you’ll have an attorney who always puts your best interests first and works diligently to secure the financial security you need to recover with ease.
We’re proud to offer our prospective clients a complimentary case evaluation to review the details of your case. You can schedule your no-obligation consultation with a highly trained Boise personal injury lawyer by completing the quick contact form we’ve provided below or you can give our office a call at 1-800-404-9000.