Idaho Personal Injury Questions & Answers

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

2 Answers | Asked in Personal Injury for Idaho on
Answered on Jan 4, 2019
J. Grady Hepworth's answer
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 a jury finds that you are 50% or more at fault for your "misuse" and the manufacturer is 50% or less at fault for the defect, you would not recover anything. If the manufacturer is 51% or more at...

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

1 Answer | Asked in Personal Injury for Idaho on
Answered on Nov 5, 2018
Kurt Holzer's answer
Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

Q: My kid was injured while hiking - but there was a sign posted

3 Answers | Asked in Personal Injury for Idaho on
Answered on Oct 8, 2018
J. Grady Hepworth's answer
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 experienced legal counsel.

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

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jun 15, 2018
Kurt Holzer's answer
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 claim is made against both. The important question is what insurance is applicable to the car at the time you were driving it. The best thing for you to do is simply report the incident to your...

Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

1 Answer | Asked in Personal Injury, Civil Rights and Communications Law for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
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 text they sent you and send it to anyone else, they are committing "slander." "Slander" is defined as an UNtrue statement about you, communicated to anyone else. If you hear from a friend that such a...

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

1 Answer | Asked in Personal Injury for Idaho on
Answered on Mar 16, 2018
Kurt Holzer's answer
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. There is some Idaho law that will allow a person to rescind a prior settlement in very limited circumstances.

Q: Can I be sued for trespassing and shelter fees?

1 Answer | Asked in Personal Injury and Animal / Dog Law for Idaho on
Answered on Feb 12, 2018
Peter Munsing's answer
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 the owner has liabiltiy for the bite--suggest you contact a member of the Idaho Assn for Justice in the county where it happened.They give free consults.

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

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jan 12, 2018
Kurt Holzer's answer
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 illegal. A criminal case provides punishment- either fines or incarceration -for breaking the law.

While the acts underlying a civil case can also be a basis for a criminal case, the personal...

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?

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Answered on Jan 12, 2018
Kurt Holzer's answer
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

Q: Am I at fault if a car hits me, and then I hit the car in front of me?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jul 21, 2017
David Alan Wolf's answer
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 consult with a local personal injury attorney about your respective rights and appropriate courses of action. Good luck.

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

1 Answer | Asked in Personal Injury, Criminal Law and Workers' Compensation for Idaho on
Answered on Jun 9, 2017
Peter Munsing's answer
Probably way too late. However he can get his comp. Criminal and civil statutes of limitation.

Q: If you win an injury case do you get all the money at once?

2 Answers | Asked in Personal Injury for Idaho on
Answered on Apr 14, 2017
Ali Shahrestani, Esq.'s answer
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, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

Q: My husband broke several bones when a store door unexpectedly closed on his hand.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Mar 11, 2017
Peter Munsing's answer
Possibly if it had a defective closing damper or maladjusted one. Contact a member of the Idaho Trial Lawyers Assn--they give fee consults.

Q: Is there a statute of limitations that a victim can still sue their offender in civil court?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Feb 2, 2017
Peter Munsing's answer
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.

On the PTSD, if I may suggest consider something called EMDR. It's a way of helping people that's not standard couch therapy, doesn't require drugs, and usually works within 2-3 session. Google "EMDR...

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?

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on
Answered on Jan 14, 2017
Peter Munsing's answer
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.

Q: Will my injury claim be denied if I already had an injury?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Dec 15, 2016
Peter Munsing's answer
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.

Q: Pain and Suffering settlement question. What is reasonable?

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Answered on Nov 11, 2016
Peter Munsing's answer
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 up. Your kids aren't crash test dummies. I'd be concerned about head trauma, the shoulder injury, disc injuries etc.

Third, your kids may have rights to something like underinsured motorist...

Q: I was deemed at fault in an auto accident about 2 years ago.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Oct 30, 2016
Peter Munsing's answer
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!

Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Answered on Jul 1, 2016
Peter Munsing's answer
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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