Personal Injury Claims & Lawsuits In Idaho

Common Types of Personal Injury Claims Filed in Idaho

There are numerous types of incidents that can lead to personal injury claims & lawsuits in Idaho. By understanding what they each involve, you may have a better chance of obtaining compensation.

Motor Vehicle Accident

After motor vehicle accidents, you can file a claim against the other party’s insurance in Idaho because the state has a fault-based system. You can also pursue a lawsuit directly against the liable person.

The plaintiff in these cases has to establish that the other party was negligent or wrongful in their conduct, resulting in the accident. The defendant will attempt to blame you for the crash. Idaho has comparative negligence laws, so you may still be able to obtain compensation if you were partly responsible. Throughout the country, plaintiffs win 64% of trials involving car accidents.

General Injury

For these claims, you can file with the other party’s personal liability, homeowner’s, auto or general liability insurance. You’re also able to file lawsuits against the at-fault party’s own assets.

In general injury claims, the plaintiff must show that the other party owed them a duty of care that they breached, resulting in losses. The defendant can try to prove that they were not negligent or that you were responsible for your own injuries. Nationwide, the trial success rate for these cases is 50%.

Workers' Compensation

To obtain workers’ comp benefits, you have to file a claim against your employer’s insurance. You cannot file a lawsuit against them, but you may be able to pursue this legal action against a third party.

The plaintiff in workers’ compensation claims must show that they sustained work-related injuries or illnesses. The defendant might try to minimize the severity of the injuries or could claim that they were not work-related. There are no trial success rate statistics for these claims.

Sexual Assault

In a sexual assault claim, you can file against the perpetrator’s personal liability or general liability insurance. You can also file lawsuits against the liable party, as well as against any other parties that may have contributed to your losses, like negligent employers or institutions.

The plaintiff must demonstrate that they were involved in sexual activity without their consent or that they were not able to grant consent. In these cases, defendants will usually attempt to prove that the sexual activity was consensual or that it never occurred. There aren’t trial success rate statistics for sexual assault, but the national rate for intentional torts is 52%.

Dog Bite

For personal injury claims & lawsuits in Idaho involving dog bites, you can file a claim against the dog owner’s personal liability or homeowner’s insurance. You can begin a lawsuit directly against the other party’s assets.

For these personal injury claims & lawsuits in Idaho, you must show that the owner knew the dog was aggressive because it had bitten someone before or that they displayed negligence. The defendant could try to argue that you were not legally on the property or that you provoked the animal. The nationwide trial success rate is 75%.

Slip and Fall

After a slip and fall accident, you can file a claim against the liable party’s homeowner’s or general liability insurance. Suing them means filing against their assets.

The plaintiff needs to demonstrate that the property owner knew or should have known a hazard existed and did nothing to resolve it. In defense, the other party may state that the hazard was visible or that they didn’t know about it. Throughout the country, the trial success rate for slip and fall accidents is 39%.

Medical Malpractice

For medical malpractice claims, you can file against the medical professional’s insurance. You can sue them directly and, if they are an employee of a hospital or other facility, could file against these institutions, too.

The plaintiff has to demonstrate that they did not receive the accepted level of care. The defendant will usually try to prove that the injuries were impossible to prevent and that any other provider would have behaved in the same manner. The nationwide trial success rate for medical malpractice is between 21% and 30%.

Filing a Personal Injury Claim

To begin a personal injury claim, you must get immediate medical attention and hire an attorney. They will prepare a letter notifying the liable party’s insurance of your injuries and the settlement you require. Insurers will answer this demand with a counteroffer, leading to negotiations. Between 60% and 70% of cases reach a settlement.

If negotiations fail, then your lawyer can file a lawsuit. In Idaho, you generally have two years to file a claim.

Typical Personal Injury Settlement Amounts in Idaho

The average settlement amount for car accidents in Idaho is between $30,000 and $100,000, while for workers’ compensation nationwide, it’s $29,750. Sexual assault settlement averages can be between $850,000 and $1,300,000. For dog bites, the average is between $30,000 and $100,000. Medical malpractice claims have an average settlement of almost $330,000.

When You Need to File a Lawsuit

You need to file a lawsuit if fault is disputed or if insurers don’t make reasonable offers. To begin the lawsuit, your lawyer will file a letter of complaint that outlines all of the facts of the case. The defendant is then served. This begins the discovery phase, where both parties exchange information. Negotiations typically continue right up to when the trial begins.

Usually, no more than 20% of all personal injury cases file lawsuits. Of these, no more than 5% go to court.

Get Matched With a Personal Injury Lawyer in Idaho

A lawyer will investigate the incident that caused your losses and will start negotiating with insurers for a fair settlement. If that fails, they can pursue a lawsuit on your behalf.

At ConsumerShield, we can connect you with lawyers in Idaho who can help. Contact our team to learn more.