Idaho has adopted the Comparative Negligence Doctrine when damages are being assessed in situations such as automobile collisions. Basically, this doctrine provides that a plaintiff’s recovery is reduced in proportion to the plaintiff’s degree of fault in causing the damage. If a plaintiff’s degree of fault is 50% or greater,…
By Fred Lewis and George Casper As we have touched on in previous entries, there are times when an injured worker’s claim for worker’s compensation benefits is denied by the employer’s insurance company (hereafter referred to as “surety”). Many injured employees (hereafter referred to as “claimants”) wonder why the surety…
By Fred Lewis and George Casper The red light and stop sign are arguably two of the most universal of traffic signals. Every driver knows what these signs mean: Stop. Yet, every day there are car accidents all across the country because one of the motorists involved ran through a…
By Fred Lewis and George Casper Car accidents in Idaho that result in personal injury can be upsetting to all. You accumulate medical bills that need to be paid, you lose wages due to time away from work, and you can suffer from pain that may never go away for…
By Fred Lewis and George Casper A Vocational Expert will be hired by the experienced Idaho workers’ compensation lawyer. The Vocational Expert will interview the injured worker and look at all of the documents related to the case as well as the injured worker’s work history and current job search.…
By Fred Lewis and George Casper An FCE is a one or two day test where a Physical Therapist puts the injured worker through a series of lifting exercises in order to test his or her ability to exert force in any kind of way. The PT also has the…
By Pat George A Nampa man who was driving drunk struck a 19 year old pedestrian in March, 2015. It’s a tragedy that plays itself out all too often across Idaho almost everyday. In 2012, one third of the accident fatalities across our great state were alcohol related. What this…
By Brent Roche Spoliation of evidence is a rule of evidence that applies when there is an intentional destruction of relevant documents or objects. If a party to a lawsuit is guilty of spoliation of evidence, the presiding judge may instruct the jury that they may presume that the destroyed…
By Fred Lewis and George Casper This post is part two of a two-part blog explaining the basic steps in a worker’s compensation case. Part one focused on the benefits injured workers entitled to by law. Part two will focus on the benefits an injured worker can receive in excess…
Every type of civil lawsuit is governed by a statute of limitations. A statute of limitations is a time frame for when a lawsuit must be filed. If a lawsuit is not filed within the applicable statute of limitations, generally the claim is forever barred. This means that if a…