What Are the Damages in an Idaho Car Accident Case?
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Idaho car accident laws can be confusing. Can you file a claim? What types of losses may qualify? There are numerous factors that play a role in this process, and it is always best to speak to an attorney about your case.
The term “damages” refers to any type of loss a person suffers because of an accident. There are various types of damages. You can often file a claim for the financial losses you have through the car insurance company or others who are responsible for the losses.
Often, victims recognize that they are going to suffer losses related to their vehicle damage. However, you may have medical losses, lost time at work, and even significant changes to your lifestyle that are now occurring due to the accident. Your Idaho car accident lawyer will discuss all potential losses with you, helping you to outline what you may be entitled to when you file a claim.
Economic damages refer to any type of financial loss that is typically easy to verify. For example, this may include:
It is easy to pinpoint a specific value related to these items because you likely have a bill to show exactly what you lost.
Non-economic damages are harder to put a value on because they tend to be more subjective. For example, you may suffer from the following:
After a car accident, Idaho drivers may be facing significant changes in their lives, perhaps the inability to work, chronic pain, or the loss of enjoyment of activities they loved. You should be compensated for these losses, but because they are non-economic losses, assigning a dollar value to them can be more challenging.
There are limits on what you can claim, and when you have the right to act after a car accident, Idaho residents suffer. The key here is that you do not want to wait to take any action.
Another very important component to understand under Idaho car accident laws is the statute of limitations. This is the amount of time you must pursue a claim against the defendant. In Idaho, there is a two-year statute of limitations for most types of car accident injury cases, meaning you have two years from the day of the accident to file a claim.
You may have three years to file a lawsuit against the party if you have vehicle damage. This does not provide you with a lot of time to take action to protect your rights. That is why you should seek out the help of your Idaho car accident lawyer right away.
Damage caps are a limit on the amount of money you can claim after a personal injury, including a car accident. Putting this in place helps to limit claims that are overcompensation under the state’s views.
In Idaho, there are some damage caps you need to know about after a car accident. You cannot receive a judgment for non-economic damages that is more than $250,000. Typically, that means claims for things like emotional distress and pain and suffering cannot be more than this amount.
However, the $250,00 limit does not include economic damages. If the damages were suffered after willful or reckless misconduct, you might be able to claim a higher value. But the court can also limit or prevent the damage claim in your case according to your percentage of fault for the accident.
After a car accident, Idaho residents should pursue legal help immediately. However, you shouldn’t settle your case too quickly if you are unsure of what all your losses are.
At Craig Swapp & Associates, we are here to help you. After a car accident, Idaho drivers need to have legal representation to protect their rights and help them to fight for fair compensation for all their losses. We will do that for you. Set up a consultation to discuss your case with us today.