By now, most people know that wearing a seatbelt is safer than not wearing a seatbelt. The use of a seatbelt can reduce the risk of serious vehicle accident injuries, including death, by approximately fifty percent. The use of a seatbelt during an accident can prevent a person from hitting…
Idaho Law Blog
Lump Sum Settlement Agreements: A Deal is a Deal
By Fred J. Lewis and Mallory Mitton In the Idaho worker’s compensation decision of Davis v. Hammack Management Inc., decide by the Idaho Industrial Commission on October 6, 2015, the claimant in the case filed a petition for the Idaho Industrial Commission to rule on whether the then new decision…
Updating Life Insurance Beneficiaries
I had a recent case where an individual obtained a divorce from his wife, but did not remove her as primary beneficiary of his life insurance policy. The man’s Will stated that everything should go to his children. When the man passed away, the issue arose, “Who gets the life…
Will a Trust Protect My Assets from Creditors?
Most trusts do not protect assets from a grantor’s creditors. Contact an experienced estate planning attorney to review your trust documents for answers regarding the creditor protection your trust may provide. The overwhelming majority of trusts in place today are known as revocable living trusts (RLT). Most RLTs provide benefits,…
Personal Injury Damages
In a personal injury case there are two categories of damages: The first is commonly called “economic” damages; while the second is known as “noneconomic” damages. Both of these categories should be considered and discussed with your attorney to fully maximize the value of your case. What are economic damages?…
The Risk of Stroke After An Accident
If you have been in an accident and suffered an injury to your head, then you have to be aware of the dangers this may pose. Sometimes injuries of this type do not become evident for days, weeks, or even months. This makes it even more important to discuss possible…
No Bullies allowed in Idaho Worker’s Compensation Cases
By Fred J. Lewis and Mallory Mitton The general public’s ideas about the legal system are often shaped by TV shows such as Law and Order: SVU, The Good Wife, and Fairly Legal. The plaintiffs and defendants in these fictional courtrooms are enemies who battle it out using any means…
Nursing Home Falls
Making the decision to place a loved one in a nursing home can be difficult, even emotionally traumatic, for both family members and for the person who is actually entering this new residence. The last thing anyone wants to learn is that their loved one has fallen. What is the…
Maybe you are not an “Independent Contractor”
By Fred Lewis and Mallory Mitton Sometimes so called “independent contractors” can successfully bring worker’s compensation claims. The 2016 Idaho Industrial Commission decision Youren v. Treasure is an interesting case that examines whether the claimant is an employee or an “independent contractor”. Under Idaho law, employees injured in work related…
Top Three Ways to Kill the Value of Your Worker’s Compensation Case! (part 3)
The third is being rude or demanding. Many people don’t think about this, but your attitude can change everything. A work injury will turn your world upside down. You are going to be upset. You are going to be angry at times during the process. However, if you go into…