May 16, 2016.
The Idaho Department of Lands has issued a preliminary order approving an encroachment permit for a client who installed rip rap and a boat ramp adjacent to Bear Lake, Idaho.
The application was aggressively opposed by a neighboring landowner. However, after a two day trial, the Department of Lands approved the application in full.
Have you ever thought to yourself, “Do I need a will?” While we are young, all of us tend to think that we are invincible. We feel strong, healthy and full of life. Because of this, we put off the thoughts of death and Estate Planning. This is stuff only old people think about right? The reality is that none of us is truly invincible and everyone needs an Estate Plan.
If you die without an Estate Plan that means your belongings will given to other people through the laws of “Intestacy” or through the government’s default Estate Plan. Intestacy laws will distribute your belongings in a way that is different than what you would plan. I discuss this in a previous blog and recommend that you read that as well. While understanding the laws of Intestacy is important it isn’t the focus of this section. Here I want to focus on children.
For young people with children, having an Estate Plan is vital. The reason for this is because, like your belongings, if you don’t create an Estate Plan where you name guardians for your children, the government will do it for you.
Our firm has a varied, injury based practice. We handle workers compensation claims, automobile accidents, trip and fall accidents, products liability claims and brain injury claims An individual is struck and permanently disabled by an automobile on the job may well have several claims to bring: a Worker’s Compensation claim, a claim against the negligent driver, a claim against his own automobile insurance Company, a claim against a disability plan, and, finally, a claim for Social Security disability benefits. Our experience and expertise across these various types of cases can be very important when a particular accident leads to two or more claims. There are often offsets between the various claims. You need an experienced Idaho firm that handles all types of claims. Don’t go it alone let us help.
Tired drivers cause accidents. We have all seen it, and we may have done it ourselves. A tired driver may fall asleep at the wheel. Or he may just lose focus for an instant and make a wrong decision. Drowsiness can impair a driver’s reaction time and even his vision. Drowsy drivers may even be more moody and aggressive than well-rested ones.
Legislation is being considered in some states that would allow police to charge drivers with criminal negligence when an accident has occurred and there is evidence that the driver has not had sufficient sleep. But even if it passes we are not likely to see much enforcement, because drowsy driving is difficult to prove in most cases.
One exception, though, involves over-the-road truckers. A drowsy driver in command of an 80,000 pound vehicle can cause massive damage. So, federal regulations limit truckers in the number of hours they can drive between periods of adequate rest. The regulations also require truck drivers to keep detailed log books documenting their rest periods and driving times, and a driver who goes too long without rest — or falsifies his logbook — can lose his license. In Idaho, it is a misdemeanor charge for a driver to be even a few minutes out of compliance with the federal regulations.
A pedestrian or bicyclist who is struck and injured by a car, truck, bus, train or other vehicle has the same right to seek financial compensation as any other injured person. Indeed, it is often more necessary given that accidents sustained by a pedestrian or cyclist are often more serious than two-vehicle accidents. Oftentimes, accidents involving pedestrians or bicyclists are more complex than accidents involving two motor vehicles. However, we have seen too many pedestrians get talked into believing they somehow are at fault and cannot pursue a personal injury lawsuit. Do not make this mistake. Our experienced attorneys can review the facts of your case during a consultation to determine if you have an actionable case.
These types of accidents often result in injuries that require extensive medical treatment and getting fully compensated from the at-fault party is critical. You have suffered enough. The financial burden of medical costs, missed paychecks and long-term rehabilitation should not land on you.
At the law office of Racine Olson, we will aggressively pursue the full amount you deserve. We are always prepared to go to trial if necessary while, at the same time, we can work toward a reasonable settlement.
The last expert typically involved in a worker’s compensation case is the vocational expert. These are individuals that are trained in evaluating a earning capacity, wage loss and geographical work availability. I’m sure by now you get where I’m going. Two sides usually means there will be two reports, which never agree.
Don’t accept the opinion of the vocational expert hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will help get you to a vocational expert that will tell the truth about your disability and support your claim for disability. Call us we are her to help!
From grade school through college, most Americans learned the about the nation’s most famous historical figures, but a vast, new trove of documents, including wills and probate records, contains information not found in most history books. These records of America’s most famous citizens are now just a mouse click away thanks to Ancestry.com. A Utah based company, Ancestry.com, has digitized the wills and probate records of about 100 million Americans dating from the Colonial era to the beginning of the 21st century.
It’s a vast and invaluable resource for ordinary Americans who through the internet can now dig even further into their family roots. Looking at a will is like pulling a thread on family history. Wealth, possessions, family relationships can be followed down the generations for millions of U.S. citizens ranging from obscure relatives to famous historical figures.
According to Jennifer Utley, senior manager of research at Ancestry.com’s Utah headquarters “What you find in probate records and wills are the rich stories about what mattered enough to pass down and a wealth of information about family history. They paint a more beautiful picture of people’s lives.”
A catastrophic injury permanently prevents a person from performing any gainful work. A person suffering from a catastrophic injury is usually left with permanent disabilities for the rest of his/her life. Catastrophic injuries are of such a nature that they leave serious, long-term effects on the victim. They commonly result in serious stress on the victim as well as the victim’s family. In fact, they may result in the need for constant supervision and ongoing medical care for life.
01. What causes a catastrophic injury?
Catastrophic injuries can be caused by almost any negligent act. A catastrophic injury may result in severe disruption to the central nervous system, severe burn injuries, severely broken bones, or loss of sight. These results then affect other systems of the body. Catastrophic injuries include: serious head trauma; amputation; multiple bone fractures; eye injury; brain injury; severe burns; organ damage; spinal cord and neurological disorders which can result in paralysis.
The functional capacity expert is the next expert. Usually this is a physical therapist that will put you through various tests to determine your work ability and restrictions. As with the case of the physicians, often there will be a functional capacity evaluation on your side and on the insurance company side. Meaning your doctor sent you to one and the insurance company sent you to one. There are honest physical therapists that have years of experience that I know give fair evaluations. The insurance company doesn’t want to take their word though; they would rather have an evaluation that says you are just fine and have the same work capability as you did before the accident. I have had clients go to functional capacity evaluations requested by the insurance company, and they come back hurt because the therapist over exerted them: just to get the results they were paid to get. Nothing makes my blood boil more than a so called medical professional that would jeopardize an individual’s health for money.
Don’t accept the opinion of the physical therapist hired by the insurance company. Fight back! Hire an experienced Idaho worker’s compensation lawyer. We will help get you to a physical therapists that will tell the truth about your restrictions and support your claim for disability. Call us we are her to help!
The weather is warming up and by the end of this month will likely reach over 80 degrees. With warm weather comes the use of numerous types of motorcycles and other such open vehicles. Unfortunately, drivers do not watch for these types of vehicles the way they should. However, with a little extra care, they can be used safely.
01. Helmets are required by law.
The most important piece of safety equipment for a motorcycle or other open vehicle rider is a helmet. Twenty percent of motorcycle accidents result in head or neck injuries. Either type of injury can be severe; and both can be fatal. However, when a helmet is properly used, both head and neck injuries are reduced. Idaho Law recognizes this fact and requires that a person under the age of 18 who is using a motorcycle or ATV use an appropriate helmet.
Idaho Law Blog
