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Idaho Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Idaho on
Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

bring?

J. Grady Hepworth
J. Grady Hepworth answered on Jan 4, 2019

A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If... Read more »

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1 Answer | Asked in Personal Injury for Idaho on
Q: Does strict liability apply to dog bite cases in Idaho?
Kurt Holzer
Kurt Holzer answered on Nov 5, 2018

Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

3 Answers | Asked in Personal Injury for Idaho on
Q: My kid was injured while hiking - but there was a sign posted

about the dangers of the trail - can we still get some medical bills covered?

J. Grady Hepworth
J. Grady Hepworth answered on Oct 8, 2018

You may be able to seek damages from personal injury depending on where your child was injured, and what caused his injuries. Different laws apply depending on whether the trail was public property or private property, and more information is needed to answer this question. Consider contacting... Read more »

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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
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, Civil Rights and Communications Law for Idaho on
Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

This person has attacked my character by texting me hateful things about who i am as a person and falsely accused me of harrassment and did not show up to court when i did to prove my innocence.. i have felt violated and humiliated and attacked.. What can i do about this? It has affected me... Read more »

Kevin M Rogers
Kevin M Rogers answered on May 15, 2018

The person who texted you is welcome to say what they think about you, once. They don't commit a crime unless they text you again after texting them to "NEVER TEXT ME AGAIN." If they text you again, they have committed the crime of "disturbing the peace," Idaho Code 18-6409. If they copy the... 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
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 and Animal / Dog Law for Idaho on
Q: Can I be sued for trespassing and shelter fees?

I was having a conversation with the dog's owner when the dog came up, wanting to be petted. Owning a dog, I naturally began to pet the dog while carrying on the conversation. The dog suddenly became aggressive and bit me. This is not the first time this dog has attacked someone. I am now having... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2018

If you are speaking to the owner you are not trespassing unless there's something I'm missing. If you knew the dog was dangerous you may be considered careless for putting your hand down, unless you felt that with the owner there the dog wouldn't do anything.

If the owner didn't warn you...
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1 Answer | Asked in Personal Injury for Idaho on
Q: How does a personal injury lawsuit turn into a criminal case?
Kurt Holzer
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
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

1 Answer | Asked in Personal Injury for Idaho on
Q: Am I at fault if a car hits me, and then I hit the car in front of me?
David Alan Wolf
David Alan Wolf answered on Jul 21, 2017

Your fault (if any) depends on the particular facts and circumstances. If you were stopped or driving at a safe distance from the vehicle in front of you, there would not appear to be fault assessed against you. The driver behind you may claim that you stopped short or abruptly. You should... Read more »

1 Answer | Asked in Personal Injury, Criminal Law and Workers' Compensation for Idaho on
Q: My dad was involved in a work accident where his boss and him got drunk and my dad later went back to work drunk and

Tried to kill him self with a nail gun.(Because he already battled depression and the alcohol made it worse) his boss knew 100% he was drunk and so were other employees... my dad became paralyzed on his left side and is wheelchair bound.. (This occurred about 7-8 years ago) can his boss be charged... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

Probably way too late. However he can get his comp. Criminal and civil statutes of limitation.

2 Answers | Asked in Personal Injury for Idaho on
Q: If you win an injury case do you get all the money at once?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 14, 2017

Typically that is how the court orders payment from the defendant to the plaintiff. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... Read more »

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1 Answer | Asked in Personal Injury for Idaho on
Q: My husband broke several bones when a store door unexpectedly closed on his hand.

Is that grounds for a claim against the store?

Peter N. Munsing
Peter N. Munsing answered on Mar 11, 2017

Possibly if it had a defective closing damper or maladjusted one. Contact a member of the Idaho Trial Lawyers Assn--they give fee consults.

1 Answer | Asked in Personal Injury for Idaho on
Q: Is there a statute of limitations that a victim can still sue their offender in civil court?

I was assaulted and the restitution that was ordered was not paid to me . I am unable to work because of what happened and I want to know if I can sue him. It's been three years .

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2017

Tell the DA about the nonpayment of resitution. They have a strong lever. I believe you cannot sue him, as I believe the statute of limitations is two years if you were an adult when it happened. But I'd suggest you contact a member of the Idaho Trial Lawyers Assn--they give free consults.... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on
Q: If I can't shovel snow, can someone sue me if they fall bc of snow/ice on sidewalk in front of the house I'm renting?

I'm disabled

Peter N. Munsing
Peter N. Munsing answered on Jan 14, 2017

Check the lease. If keeping sidewalks clear is on you then yes, they can. Maybe arrange with a local kid to do it if it is.

1 Answer | Asked in Personal Injury for Idaho on
Q: Will my injury claim be denied if I already had an injury?
Peter N. Munsing
Peter N. Munsing answered on Dec 15, 2016

Certainly not for anything that is new. Even if you had no injury they'd look for a "pre-existing" injury! Contact a member of the Idaho Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Q: Pain and Suffering settlement question. What is reasonable?

My 3 kids were in a single car roll over accident on the freeway. Grandpa was driving, pulling a camper trailer and lost control. Each child has approx. 10K in medical bills that have been paid by insurance company. Insurance is wanting to settle pain and suffering to close the claim. They... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2016

First, way too early if they have that type of injury. without seeing the medical records it's hard to tell. Members of the Idaho Trial Lawyers Assn give free consults--suggest you contact one of them that practices in the county where the wreck happened.

Second, most important is follow...
Read more »

1 Answer | Asked in Personal Injury for Idaho on
Q: I was deemed at fault in an auto accident about 2 years ago.

I thought everything was handled, but I just was served papers saying I'm being sued. I'm confused - - I thought the insurance agency had taken care of everything -- how can I get sued now?

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

Because apparently your insurance company didn't reach settlement with them. Make a copy of the papers. Notify the adjuster handling the claim 1) by phone 2) by email 3) by sending a copy of the complaint to them by registered mail, certified return receipt. Do this at once!

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

Only ones homeless after 10 months mean while naybors got put in house 5 days after fire. Fire was leaky water heater & xploded. Nay,rs stored 3 tall oxygen tanks in front of gas water heater.

HELP I NEED A LAWYER FAST AS FIRE WAS AUGUST 3 2015. IM NOT SURE WHAT MY STATUE OF LIMITATIONS IS... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?

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