Idaho Law Blog

As Idaho personal injury lawyers, we follow current issues in personal injury law.  As Idaho personal injury attorneys, we track trends in personal injury law.  As an Idaho personal injury law firm, we work to keep abreast of the latest developments in personal injury law.  One of the most significant trends we see in Idaho personal injury law are increased verdicts on meritorious personal injury cases resolved through jury trial here in Idaho.  There are several possible reasons for this, including an increase in Idaho’s population, a diversification of Idaho’s population, a higher education level of Idaho’s population, and informational awareness on the part of Idahoans due to traditional media coverage as well as social media.   Another development we see is a greater availability of top level expert witnesses who can assist us in understanding and presenting personal injury cases.  A third development we notice is that some personal injury lawsuits are taking longer to resolve because of crowded court dockets, as Idaho’s population grows so too does the strain placed on the federal, state, and local legal systems which are in need of increased resources to expand and keep up with growth.  The cost of healthcare is another interesting trend we see, in keeping with reported trends on the national level as to this issue.  Healthcare bills are greater and more expensive, from ambulance transport, to hospital stays, to imaging, and to specialist costs.  A night in the hospital, with associated care, from a car accident can result in bills of $25,000 or more.  This can make it more challenging to resolve meritorious personal injury claims.  Unfortunately, one thing we do not see materially changing are Idaho’s liability insurance limits for motor vehicles, which are lagging decades behind the increased costs associated with being in a motor vehicle crash. Likewise, although increased for inflation, Idaho’s statutory general damages caps for pain, suffering, and loss of enjoyment of life associated with personal injury claims remain too low for reasonable and just expectations in today’s society.  Check back with us here at Mahoney Law PLLC for ongoing updates on personal injury law in Idaho.    

As personal injury lawyers, we often receive calls from prospective clients inquiring about representation.  Often, these individuals are still in the middle of recovering from their injuries or are still undergoing treatment for their injuries.  The most important thing at this point in the personal injury process is your physical and mental health.  And, the best way to address that is: follow your treating healthcare providers' advice as to recovering from your personal injuries.  Attend all appointments.  Describe to your doctors all problems you are experiencing.  If you are given orders to get imaging done, get the imaging done.  If you are in need of a second opinion, get the second opinion.  Follow the instructions as to prescriptions.  If you are supposed to follow-up with a specialist, make the appointment and attend it.  If you are to complete a course of physical therapy, complete the physical therapy.  If you are under medically documented restrictions, abide by those restrictions.  Far too often, as personal injury attorneys, we see people who have failed to do these things.  Not only does it complicate their personal injury claim, but it can compromise their health and recovery.  So, put your health and recovery from injuries first, follow doctor’s advice, attend appointments, and get to a point of maximum medical recovery and stability.  For a free and confidential personal injury law firm consultation, contact us here at Mahoney Law PLLC in Boise, Idaho.  208-345-6364 

While Mahoney Law’s legal team strives to promote safe driving, you may find yourself having been in a car crash and having suffered a personal injury ranging from minor, to moderate, to very severe.  The first thing we encourage prospective personal injury clients to do is to focus on getting medically better – attend to your health and wellbeing first, it’s the most important thing.  Attend your doctors’ appointments, follow their advice, and follow through with the care and treatment plan.  Second, report the automobile collision to both your insurance company and the insurance company of the opposing driver. Even if you are unsure of what your insurance coverage is, the best thing is to report it.  If the at fault driver who hit you does not have insurance, you still should report it to your own insurance company because you may have under-insured or uninsured motorist coverage.  There also may be medical payments coverage through the automobile insurance as well.  And, report the matter to your health insurance if you are fortunate enough to have health insurance.  Who is responsible for paying what in terms of medical bills will get sorted out.  You may also have rental car coverage to help with a vehicle.  The property damage aspect is usually taken care of fairly promptly by the insurance companies' property damage departments, but you may need to call and remind them to move along your claim for vehicle repair or replacement.  Third, if you are uncertain on how to proceed from a legal standpoint, particularly as to damages for future medicals and past and future pain and suffering, research and hire a top personal injury lawyer.  A good personal injury attorney will help you navigate the liability (fault) issues, the nature of your injuries, and the damages side of things, and help you either settle the personal injury claim for a monetary amount, or proceed with litigation in court if the other side refuses to fairly compensate you through its insurance.  There are time-deadlines that apply to personal injury cases, so do not delay in consulting legal counsel.

http://www.patrickmahoneylaw.com/areas-of-practice/personal-injury-attorney

 

What constitutes a personal injury claim for which you need to hire a personal injury attorney, personal injury lawyer, or personal injury law firm?  In a nutshell, a personal injury claim arises when one person injures another by way of unreasonable or careless conduct.  Personal injury law refers to unreasonable conduct that hurts another as “negligence.”  The at-fault person must have had a duty to use care to not harm the injured party, such as we have when operating a car, running a business that is open to the public, or the like.  Car accidents and injuries on a business’ property (“premises liability” cases) are what may be thought of as “garden variety” personal injury claims.  Medical providers have a duty to not violate the standard of care and harm their patients, a specialized area of personal injury law referred to as “medical malpractice.”   Product manufactures who design unreasonably dangerous and unsafe products that harm consumers may be subject to a unique type of personal injury law called “product liability.”  The injuries in any of these types of cases may be physical, mental, or both.  If negligent conduct results in the death of the victim, that type of injury claim is referred to as a “wrongful death” action.  All of these types of personal injury cases have certain, very specific things that must be proven under the law, otherwise known as the “elements” of the claim.   All require that the conduct at issue be shown to have been a cause of the injury, and all require proper, documented proof of injuries and resulting money damages. Damages may include medical bills, loss of income, as well as more intangible things such as pain, suffering, and loss of enjoyment of life.  Often, personal injury cases involve insurance issues as well if the at-fault party has liability insurance.  Each type of case is unique given the circumstances of the victim and how the injuries occurred, and each has short time deadlines (“statutes of limitation”) that can bar a claim if legal action is not taken in a timely manner. If you think you or a loved one might have a personal injury claim, please call us here at Mahoney Law to discuss the facts of your situation.

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How to hire a personal injury lawyer in Boise for an auto accident.  First and foremost, we encourage everyone to drive safely here in our community: leave a safe following distance; don't drive impaired on drugs or alcohol; drive at a speed safe for conditions; and don't text and drive.  Mahoney Law has been providing personal injury attorney services to injury accident victims in Boise, Idaho for over two decades.  If you have been injured in a car crash in Boise, Idaho, we can advise you as a personal injury law firm on the steps you need to take to protect your rights.  We can answer the question: "what does a personal injury attorney do?"  Perhaps the other driver was cited for a traffic violation that caused an accident.  https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/   This can help you if you are wondering, "Do I have a personal injury case?"  In answering this, we look at liability (fault), injuries and damages, as well as insurance.  The Idaho Transportation Department, law enforcement agencies, and AAA have studies and data that show that automobile collisions increase during the winter months, are often caused by distracted driving, and sometimes involve speeds unsafe for conditions and following too closely. (https://www.oregon.aaa.com/aaa-locations/boise-idaho https://police.cityofboise.org https://itd.idaho.gov).  For Idaho winter travel information, you can check here https://itd.idaho.gov/road-mtce/.   In Idaho, serious distracted driving accidents have increased materially.  https://www.kivitv.com/news/report-idaho-distracted-driving-deaths-jump-25  If you have been in an automobile accident in Boise, Idaho, we can provide personal injury attorney guidance on dealing with the at-fault driver’s insurance company, referred to as third party coverage. You may also need to deal with your own car insurance company for injury recovery, referred to as first party coverage.   This may include under insured motorist coverage claims, uninsured motorist claims, as well as medical payments benefits, which, depending on the situation, make it worth it to hire a personal injury lawyer, yes if the case is serious enough.  Insurance companies in Idaho are regulated by the Idaho Department of Insurance (https://doi.idaho.gov)  If you were injured in a car accident and need personal injury attorney advice in Boise, Idaho, or personal injury lawyer advice in Boise, Idaho, we provide free, no obligation, confidential case evaluations.  There are no attorney fees unless we win and we will explain things like "what percentage does a personal injury lawyer take?" under a contingency fee basis, the answer to which is usually 25% to 33% (one third, 1/3).  As a personal injury law firm in Boise, Idaho, we help with coordinating medical insurance and automobile insurance to make sure the medical bills from an injury accident are paid.  Under Idaho law, there are statutes that may apply as to how long your insurance company has to pay, as well as the other driver's insurance company.  https://legislature.idaho.gov/statutesrules/idstat/Title41/T41CH18/SECT41-1839/ https://legislature.idaho.gov/statutesrules/idstat/Title12/T12CH1/SECT12-120/.  We can help guide you and your family through these laws.  We will research the law of personal injury in evaluating your potential case.  We do suggest that you compare personal injury attorneys and review comprehensive personal injury lawyer profiles, including fees, education, jurisdiction, and awards.  In deciding whether to take your case, a personal injury lawyer will consider factors such as: how the accident occurred; the injuries sustained; as well as the ability to recover damages.  We strive to provide excellent customer service and individualized case attention for those who are questioning "when to contact a personal injury lawyer?" and "how to talk to a personal injury attorney?"  The answers to these questions are: as early as possible in the process; and pick up the phone, we are human, and, as a personal injury attorney in Boise, Idaho, we strive to assist our clients obtain proper economic recovery for all damages.  Please call and speak with our personal injury lawyer in Boise, Idaho to determine if you have a case and for advice on how to best move forward.  We are a five star rated personal injury law firm practicing the full spectrum of Idaho personal injury law.  You call us, text us, or email us for a free attorney personal injury case evaluation.  We often meet in person with our prospective personal injury clients and we do have free and convenient parking.   http://www.patrickmahoneylaw.com/areas-of-practice/personal-injury-attorney  

 

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