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Questions Answered by Kurt Holzer

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on

Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

We want to get all we can for these orphaned kids. But I the mother would also like to sue for wrongful death. Comments. Kids are most important period.

Kurt Holzer answered on Apr 14, 2019

First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the... Read more »

1 Answer | Asked in Personal Injury for Idaho on

Q: Does strict liability apply to dog bite cases in Idaho?

Kurt Holzer answered on Nov 5, 2018

Idaho dog bite law is complex See Boswell v. Steele.

1 Answer | Asked in Personal Injury for Idaho on

Q: Was driving a company car and got in an accident - will the other driver sue me or my company?

Kurt Holzer answered on Jun 15, 2018

Not all collisions end in a lawsuit. I am assuming that you were the person who made the mistake and caused the collision. If that is true the injured person has the right to bring the claim against you, or if you were "within the course and scope" of your employment, your employer. Many time a... Read more »

1 Answer | Asked in Personal Injury for Idaho on

Q: Can I go back to the insurance company and renegotiate my settlement - am finding the money doesn't cover care.

Kurt Holzer answered on Mar 16, 2018

Generally speaking the answer is no. The whole point if a settlement is that you release the claim. Insurance companies often try to get people to settle for less than a claim is worth and that is one of the reasons to have a good attorney involved in evaluating your case in the first place.... Read more »

1 Answer | Asked in Personal Injury for Idaho on

Q: How does a personal injury lawsuit turn into a criminal case?

Kurt Holzer answered on Jan 12, 2018

A personal injury case is a civil case. A civil case is a private lawsuit brought by a one person against another person. A civil case provides compensation to the injured person. On the other hand a criminal case is brought by the State of Idaho against a person for an act the law says is... Read more »

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on

Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

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