Idaho Law Blog

Car Accident Injuries

Published on: November 1, 2016 | by Racine Olson

One of the biggest causes of injuries to both adults and children in Idaho continues to be car accidents. Back and neck injuries are common following an accident, including rear-end collisions which are the largest type of crash in the city. The design of cars and the motion that occurs, coupled with the unexpectedness of the impact, means that little support is provided to the neck and back of the vehicle’s occupants, making it more likely that those parts of the spine will be harmed during an accident.

Back and neck injuries are complicated and can range from the minor to the serious so it is always a good idea to seek help from a qualified expert or neurologist. Towards the minor end of the spectrum, victims may sustain musculoligamentous injuries including sprains and strain. These injuries can be uncomfortable, limiting, and frustrating to victims but will generally heal without problems. Generally such injuries will heal within 6 weeks or so. Much more seriously, a victim may sustain a fracture to one or more of the vertebrae that comprise a spinal column. This can be dangerous if it becomes displaced and causes harm to other areas including the spinal cord.

The 4 Biggest Estate Planning Mistakes Made by Everyday People

Published on: November 1, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In the many years that I’ve worked as an estate planning attorney, I have met a variety of people. I find that most people are generally interested in getting their estate planning done, but don’t know how to get started. I’ve also found that completing your estate planning is one of those items that seems important but is always pushed lower on the To Do List by more pressing matters. Here are the 4 biggest estate planning mistakes that I have found are made by everyday people.

1. THINKING THAT YOU HAVE TIME TO GET IT DONE LATER

The Idaho Industrial Commission decides all claims.

Published on: October 31, 2016 | by Racine Olson

By Fred Lewis

There are occasions when a third party hurts or injures someone while they are working. The injured Idaho worker can bring a claim against these negligent third parties. Under Idaho Code §72-223 the Idaho Worker’s Compensation Insurance Company has a subrogated claim or right to reimbursement from any money that injured worker obtains from the third party. However, there are limits on when they Idaho Worker’s Compensation Insurance Company can ask to be reimbursed for Worker’s Compensation Benefits they have paid. Specifically, the Idaho Supreme held in Adams vs Liberty a 1966 case, if the employer is also partly at fault in causing the accident that injured their own employee they loose their Worker Compensation Insurance Company or Surety looses they subrogated claim.

If a dispute arises between the Idaho Worker’s Compensation claimant and his/her employer Idaho Worker’s Compensation Insurance Company, the Idaho Supreme Court has held

Estate Planning and Minor Children

Published on: October 31, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

For parents with minor children, setting up a basic Estate Plan is the single most important thing you can do. Completing an estate plan allows parents to make sure their child or children will be cared and provided for. Here are the 2 most important things to consider in completing your estate planning if you have minor children.

1. WHO WILL CARE FOR MY CHILD

What Happens When there is a Violation of the Fair Housing Act?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

When a person believes their fair housing rights have been violated they can contact the Department of Housing and Urban Development (HUD) who is the administrative agency responsible for investigating and enforcing the FHA. Such a tenant can contact the HUD by letter, fax, e-mail, or phone or by filing a Complaint on the form provided by HUD on its web site. A Complaint must be filed within one year after an alleged violation of the FHA to be valid.

When a Complaint is timely filed, HUD personnel interview the tenant, the landlord and any other persons who have relevant information, as well as generally investigate the allegations and determine whether a violation of the FHA has occurred. Additionally, when a Complaint is filed the landlord has an opportunity to provide a written Answer as well as any other persons or information that is relevant to the investigation.

Can I use a DIY Estate Planning Kit Online?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The internet has become an integral part of our everyday lives. In fact, it’s hard to imagine a time before emails, YouTube, Facebook, tweeting, Instagram, Amazon and so on. However, not everything having to do with the internet is great. Additionally, not all the information that you get on the internet is reliable or accurate. Along the lines of estate planning, I am often asked by my clients whether they can simply get a do-it-yourself kit from the internet to help them complete their estate planning. Here are the main reasons why this is not a good idea.

ONLINE ESTATE PLANNING KITS ARE GENERIC

What Constitutes a Written Employment Contract?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Written employment contracts come in all shapes, sizes and forms. Some even have the unambiguous words “Employment Contract” typed in bold words at the top of the first page. But not all do. 　Under Idaho law there is no magic form that in and of itself is the only form that an employment contract must be in. For this reason, sometimes an employment contract exists and no one even knows that it does. Let’s start with the easiest of all, the document that has the title “Employment Contract.” In Idaho this document is rare and elusive, but it does actually exist. In my experience it is most often found in the realm of professional work.

E-mails, letters and other miscellaneous written documents can also create an employment contract. This occurs in Idaho more often that you might think and usually occurs as the parties are simply discussing the creation of a new employment relationship. Nevertheless, if mutual promises and assent occur, a written employment contract may exist. Usually this type of an employment contract doesn’t provide much more than the start date, the responsibilities and the salary/wage. There typically isn’t any information on the term of the contract or how it can be terminated. When this is the case, the employer’s ability to discipline or terminate an employee is simply left up to the employer, which is the case when no employment contract exists.

The Importance of Having a Living Will

Published on: October 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Although I’ve been an attorney for many years now, the first time I really came to understand the importance of having a valid Living Will was not through work. Rather, it occurred many years ago when a friend suffered a serious heart attack.

The paramedics came and took my friend away to be treated at a hospital. When we arrived to show our support to his wife and his family we learned that our friend had been placed on a life-support system which helped him to breathe and helped his heart to circulate blood through his body. Essentially, he was alive, but the doctors told us that there was no hope for recovery.

Keep Trick or Treaters Safe on Halloween

Published on: October 28, 2016 | by Racine Olson

halloween

Halloween is all about fun and being scared for one night. Make sure the fun does not end with a frightening crash. Statistics indicate that children are more than twice more likely to be hit by a car on Halloween than on any other day of the year. Unsafe conditions are created with sunset occurring prior to 7:00 p.m. and children being out on the streets as pedestrians to gather candy. The popular hours to trick-or-treat are between 5:30 p.m. and 9:30 p.m.

AAA Idaho suggests these basic Halloween safety tips:

Drive slower than posted speed limits. Children are excited and preoccupied with the activities of the night and forget about traffic and potential dangers. They may dart out into traffic. Young children lack the ability to judge the speed and distance needed for a car to stop.

Products liability

Published on: October 28, 2016 | by Racine Olson

By Patrick N. George

All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. However, this does not always happen. Manufacturers sometimes overlook safety regulations or rush the manufacturing or testing process. At times they do not have qualified safety design people examining and testing the product. As a consequence, products that can cause consumers injury manage to find their way into the public purview.

Every consumer, has legal rights under product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, defective trailers, and more.