A personal injury case is a civil matter in which legal responsibility for an accident is determined. If a person’s negligence is found to have contributed to the accident, they could be financially liable for harm caused to the injured party. Thus, if you or a loved one were hurt in an accident caused by someone else, you might be entitled to compensation for associated damages. However, pursuing a claim or a lawsuit can be difficult, as the processes are complex. As the plaintiff, you must prove that the other person was at fault. The steps involved in resolving your case can be daunting and overwhelming, especially when you are trying to heal.
At Hooper Law Offices, we understand the struggles you might be facing during this difficult time. We also believe negligent parties should be held responsible for the harm they caused, and justice should be served. That is why we will handle the details of your case, reviewing and analyzing the facts and building a compelling legal strategy. Our Boise personal injury attorney, Aaron Hooper, is prepared to seek fair compensation for accident-related expenses and losses to help you get the care you need for your recovery.
To learn more about how we can assist with your case, please call us at (208) 271-9551 or submit an online contact form today.
Cases Our Personal Injury Lawyer in Boise Handles
Personal injury cases are intricate. Establishing fault and pursuing maximum compensation requires the ability to assess the facts and uncover what happened. In some situations, experts are needed to get a complete picture of the incident. Additionally, it is necessary to have a firm grasp of the law to file a successful claim or lawsuit.
Because of everything involved in a personal injury case, it is beneficial to have an experienced attorney helping you through yours. They can take care of the paperwork and legalities, ensuring that everything is submitted on time and your voice is heard.
Our Boise personal injury lawyer provides legal representation for victims of:
- Car accidents: Negligent acts, such as distracted driving or failing to obey traffic laws, can lead to automobile collisions.
- Motorcycle accidents: Because bikers are not protected by metal structures like occupants of passenger vehicles, these crashes can result in severe injuries requiring extensive and expensive medical care.
- Slips and falls: If a property owner fails to address or fix, within a reasonable time, a known hazardous condition on their premises, they could be liable to damages visitors sustained.
At Hooper Law Offices, we will deliver compassionate guidance throughout your case. We will clearly explain the personal injury process, review your rights, and discuss your options for pursuing compensation. Recognizing the importance of communication during such critical times, our attorney will also keep you updated on the status of your case and will address your concerns promptly.
Types of Compensation Available in Personal Injury Cases
Injuries suffered in an accident often require medical care. Depending on the severity of the injuries, treatment can be extensive and lengthy. That means there may be high costs to return your life to somewhat normal.
Additionally, you might be required to stay in the hospital for some time while you heal. And the harm you sustained may limit your mobility, even after you have been released. Therefore, you might need to miss work for an extended period or may not be able to return to the job you did before your accident, causing you to lose out on income.
Taking action against the person responsible for your accident can allow you to obtain compensation to cover your expenses and losses (referred to as damages).
Under Idaho law, two types of damages can be recovered in a personal injury case:
- Economic: These are quantitative monetary expenses and losses. They include medical bills, lost wages, loss of use of property, and accident-related costs paid out of pocket.
- Non-economic: These are subjective losses that do not have a calculable monetary value attached to them. They can include pain and suffering, mental anguish, disability or disfigurement, emotional distress, and loss of companionship.
Although calculating a figure for economic damages may be a matter of pulling up receipts and paystubs, determining non-economic damages can be much more difficult. Many factors are considered when deciding how much compensation to ask for. Our Boise personal injury attorney can ensure that relevant elements are taken into account to seek fair financial recovery.
The Role of Negligence in Personal Injury Cases
Most personal injury cases arise out of the theory of negligence. Under this theory, a person can be liable for an accident they caused because they did or did not do something a reasonable person would have under similar circumstances.
Essentially, the following four elements are required to establish fault:
- Duty of care owed: First, it must be shown that the person action is being taken against (the defendant) owed the injured party (the plaintiff) a duty of care. In other words, the situation required that the individual conduct themselves in a way that would avoid causing harm to others. For instance, a driver is expected to obey traffic laws and operate their vehicle safely while on the road.
- Breach of duty of care: The plaintiff must then demonstrate that the defendant breached their duty of care, meaning they weren’t attending to what they were doing, or they acted in a way that fell below the standard. For example, a motorist may be said to have breached their duty of care if they were texting while driving.
- Causation: The next step in establishing negligence is to prove that the defendant’s breach of duty of care caused the accident. Often, the question posed at this stage is, “Would the accident have happened absent the defendant’s actions or inactions?” For instance, if the driver was not texting, would they still have slammed into the back of the plaintiff's car?
- Damages suffered: Lastly, the plaintiff must show that they sustained injury because of the defendant's breach. As noted previously, damages can include medical expenses, lost wages, and pain/suffering.
Establishing negligence in a personal injury case requires collecting and analyzing evidence from the scene of the accident. This process includes reviewing police reports, examining records and logs, visiting the accident scene, and viewing surveillance footage, among other things.
Our Boise personal injury lawyer thoroughly investigates these cases to build persuasive legal strategies.
Schedule a Free Consultation with Hooper Law Offices
We are here to handle the personal injury claim or lawsuit process for you. Genuinely caring about the people we help, our attorney will focus on your needs and goals and work diligently to protect your best interests.
To discuss your case with our personal injury lawyer in Boise, contact us at (208) 271-9551.
You may have many questions when pursuing a personal injury case. Our team has provided answers to some of the most common inquiries below. The following responses discuss these matters generally. Please speak with our attorney for more detailed answers for your specific case.
What is the statute of limitations for personal injury cases?
Under Idaho law, you have two years to file a personal injury lawsuit. If you miss that deadline, your case could be dismissed, meaning you won’t have legal recourse for pursuing compensation.
What should I do after a personal injury accident?
After an accident, it’s important that you gather evidence and other details to build your case. Below are some of the things you can do:
- Take photos or videos of the scene of the accident
- Get medical care for your injuries and follow the treatment plan
- Record your account of the incident
- Get the contact information for the responsible party and witnesses
- Consult with an attorney
What is comparative negligence?
The doctrine of comparative negligence allows settlements awarded in a personal injury case to be adjusted according to the proportion of fault for each party. For instance, if the plaintiff was 20% responsible and the defendant 80%, the plaintiff may receive financial recovery of only 80% of the total damages.
Additionally, the plaintiff may not be awarded compensation if their level of negligence was more than the defendant’s.
Will my personal injury case go to trial?
Most personal injury cases are settled through negotiations with the at-fault party’s insurance company and don’t typically go to trial. If the case does go to trial, it could still be resolved out of court.
How much is my personal injury case worth?
The value of your personal injury case depends on various factors, such as the cost of medical treatment, lost wages, and other damages. Because every situation is unique, it is difficult to even estimate the worth of your case without fully evaluating it.
How can a personal injury attorney help?
A personal injury attorney can handle every complicated step in the claims or lawsuit process. They can also consider all relevant factors and determine what compensation amount to demand. Because they have experience with these matters, they can advise you on whether the settlement offer is fair and your options for pursuing just financial recovery.