A tort is a branch of law that deals with the civil (not criminal) wrong doings of others. A tort is often described as a breach of the duty that the law imposes upon everyone as to how they should conduct themselves in relation to certain situations, transactions and circumstances.…
Idaho is not alone when it comes to dealing with bicyclist and pedestrian accidents. All across the country, those who are attempting to live their healthiest are often injured as a result of the neglect of others. In 2012 more than 4,793 people and 726 bicyclists were killed according to…
ATVs are great, but they can cause serious injuries when operated unsafely or with faulty equipment. This firm handled just such a case where the injured person was unloading an ATV which belonged to another person. The owner had not told our client of the faulty front brakes. As a…
By Fred Lewis and George Casper As we all know, car accidents can cause severe injuries to all people in every vehicle involved. The impact of the crash can cause the head and neck area to whip around violently, which can cause blunt force trauma to the head and neck.…
By Fred Lewis and George Casper According to the National Highway Traffic Safety Administration, speeding is a contributing factor in roughly 30% of all fatal crashes. This percentage would increase if non-fatal car accidents that resulted in serious personal injury were factored in. It is quite simple; driving a car…
No, you are not responsible for the cost of medical treatment covered by workers’ compensation on an accepted claim (in an Idaho Workers’ compensation case). Bills for approved medical treatments are sent by the medical care provider to the insurance carrier, or the employer if self-insured. Blog Post Provided By:…
Discovery is the process parties in litigation use to “discover” the information the opposing party has or is aware of that will assist in prosecuting or defending a case. Long gone are the days when a litigant can come to court with a “smoking gun” piece of evidence that the…
Following the filing of your lawsuit for the recovery of damages arising from your personal injury action, it is common that the defendant’s attorney will want to take your deposition. A deposition is a scheduled meeting where a witness, accompanied by their attorney if they have one, responds orally to…
Compensatory damages or “actual damages” are those monetary amounts that are awarded to compensate for a proven injury or loss. Compensatory damages are broken down into two sub-categories, called “special damages” and “general damages.” Special damages are those damages that are readily identifiable through documentation and must be specifically claimed…
Punitive damages are those damages awarded in addition to compensatory or actual damages. Punitive damages are awarded in those circumstances where the defendant’s actions are outrageous, oppressive, fraudulent, wanton, reckless, or the defendant acted with malice. The goal of the award of punitive damages is to serve the public policies…