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…
By: Fred Lewis and George Casper Workers’ Compensation is a system of insurance that pays an employee that cannot work because he or she has been injured while working. Workers’ Compensation can have very complicated medical and legal issues depending on the severity of the workers’ injuries and other factors.…
By Josh Johnson Most of the time when a person is injured in a vehicle accident, that person will have to deal with one or more insurance companies. The insurance companies will then assign an adjuster to the claim. The adjusters analyze the claim for fault and damages. Most of…
I was injured in a motor vehicle collision that was not my fault. My insurance company paid for my medical bills and now they are telling me that they have a right of subrogation in my claim against the at-fault party. What does that mean? Subrogation is the substitution of…
By Fred Lewis and George Casper This post is relatively simple to comprehend: The Idaho Industrial Commission has the exclusive right and duty to assess fault in cases that are tied to worker’s compensation claim. There are many previous cases and many entries in the Idaho Code that highlight this…
By Pat George As everyone in Idaho knows, a person must wear a seat belt whenever a vehicle is in motion because they will protect you if you are involved in any car accident. However, the Idaho Legislature just made this law even more important. Recently, the Idaho Legislature enacted…
By Fred Lewis and Gorge Casper Determining the payout of a Idaho workers’ compensation cases that occur at work and are the result of negligence by a third party can be very complicated. Cases where a third party is responsible for the injury suffered by the worker are generally severe.…
By Fred Lewis and George Casper Picture this. You get into a car accident and the other motorist is found to be negligent. You file a lawsuit in order to have the other motorist’s insurance pay for any vehicle damages, lost wages, medical bills and pain and suffering. You find…