Idaho Law Blog

Idaho Products Liability

Published on: March 30, 2016 | by Racine Olson

When a person is injured by a product in Idaho, it is imperative to get help from a seasoned products liability lawyer. The rules are complicated and the law is unforgiving. This article will explain some of the basics of Idaho products liability law.

First, there are various claims that can be made against a manufacturer. These include strict products liability, negligence, breach of warranty, and a failure to warn. The focus of products liability is on whether the product was dangerous when it left the manufacturer. Strict products liability, negligence, breach of warranty, and a failure to warn can really be placed into categories. These categories are design defects and manufacturing defects.

A manufacturing defect is one which occurs at the factory to just one or two products. In other words, the product’s design is safe, but for some reason, the particular product that injured a person was dangerous. This is usually the result of some negligent act by the manufacturer during the manufacturing process.

How do I choose my Idaho Worker’s Compensation Attorney?

Published on: March 23, 2016 | by Racine Olson

There are thousands of Idaho attorneys you can chose from, choosing one to represent you in your Idaho Worker’s Compensation claim can be difficult. I would like to give you some pointers in picking the right attorney. First look at their practice areas. Some attorneys get there hands into everything, especially when in a competitive work field. An attorney that only specializes in a few different areas of law usually will be more focused on your case and have more experience. I really practice in only two areas: Idaho workers compensation and personal injury. So when you hire me, you may rest assured that you are in good hands. The next thing is do your research. Look at their credentials, how their peers feel about them, how their clients feel about them. Do a web search of there name, this usually brings up reviews and other pertinent information on the attorney in question. I am blessed to have outstanding reviews.

Lastly, you are hiring an attorney. Just like an employer would make sure they obtain a well qualified employee, make sure you hire an attorney that is right for your case. Ask the attorney about their experience, how many cases they have been involved in and if they feel are confident in taking your case. Ask them what their plan is for your case and how will they achive the goal of getting you the Idaho worker’s compensation benefits you deserve. Why would you pay money to a person you aren’t entirely sure of. Idaho Worker’s Compensation law can get complicated make sure you have the right attorney to guided you through your claim.

STOP!! Don’t Settle Your Idaho Worker’s Compensation Claim For Less

Published on: March 19, 2016 | by Racine Olson

I would like to address a scenario that happens frequently in the world of Idaho workers compensation. If you are involved in a work related injury, many insurance companies will try and settle with you for some minuscule amount of money. This is a tactic they use to save them money. Often, these offers are well below the true benefits you are entitled to and don’t give you fair compensation. Before you accept any offer from an insurance company, please contact an expert Idaho worker’s compensation attorney.

I can help you get fair compensation. I have been representing injured workers in Idaho for 28 years. I have the experience and knowledge to assist you in your claim. Idaho worker’s compensation claims can be tricky to navigate, don’t do it alone. Get the fair compensation you deserve and don’t let these insurance companies push you around.

If I am hurt at work, is workers’ comp all I can get?

Published on: March 9, 2016 | by Racine Olson

Not exactly. There is a common mistaken belief that the workers’ compensation system is your only recourse if you are injured on the job. It is true that workers’ comp is usually your only recourse against your employer if you are hurt on the job. But, if you suffer personal injuries on the job, you may still have a case if the responsible party is not your employer or a fellow employee.

For instance, suppose you are at work, driving a company vehicle to a job site, when a speeding drunk driver in a Yugo comes up fast behind you. Her brakes fail, and she slams into your rear bumper doing almost 100 mph. You suffer a whiplash injury.

Because you were on the job at the time of the accident, you are covered by workers’ comp. You will get the statutory damages for your injuries, regardless of whose fault the accident was. But workers’ comp payouts in Idaho are often not enough to fully compensate for personal injuries, so your lawyer may want to investigate whether there are other parties against whom you can make a claim. He will probably want to file a suit against the driver, who was negligent for driving drunk (and for driving a Yugo), and maybe against Yugo because of the brake failure. The workers’ comp laws do not prevent an injured employee from filing either of these suits.

Can a companion be compensated for mileage, meals and housing?

Published on: March 2, 2016 | by Racine Olson

If your work related injury is so severe that you have restrictions given by your doctor or your just thinks it is a bad idea for you to travel alone to the IME and you are required to have a companion accompany you for your medical treatment/condition, then yes that companion can be reimbursed for his or her expenses.

A moment’s carelessness …

Published on: March 2, 2016 | by Racine Olson

A moment’s carelessness with a power tool or a piece of industrial equipment can lead to horrendous injuries and a lifetime of disability. Moments of carelessness happen because people are not machines: they can be distracted, they can flinch at sudden noises, they can forget to tell a coworker that they are about to turn on the power. Any of these things can cause death or injury in the right circumstances.

We take it for granted in our homes and workplaces that simple, everyday matters shouldn’t result in death or horrible injury. We insulate electrical wires and hide them in walls. We ground power tools. We look for ways that common tasks are likely to result in injury, and come up with ways to prevent them. Our efforts aren’t foolproof, but we have reduced the number of injuries caused by moments of carelessness.

The potential for modern power tools, industrial equipment, and other products to cause injury in a moment of carelessness makes it imperative that they be designed properly. They must be designed to account for the fact that the operators are human. Many mistakes, many acts of carelessness in the use of a tool or other product, can be anticipated in the design phase. If they can be anticipated, then controls and safety mechanisms can be designed to protect against them. Careful, responsible manufacturers do this religiously, but sometimes they fail.

What if I don’t settle?

Published on: February 24, 2016 | by Racine Olson

There are a few outcomes that can occur if you decide not to settle. Your medical benefits will remain available, as well as your income benefits may be resumed if you are disabled again by your work related injury.　 There is a possibility to the surety may settle for a lesser offer if you decide to settle at a later date. If you have questions about your settlement or potential settlement contact a local expert Idaho workers’ compensation attorney.　 Call me at 208-232-6101 or toll free 877-232-6101, I will answer all your questions and help you decided on the best course of action for you and your case.

I called a lawyer and she turned me down because of a “conflict.” What did she mean?

Published on: February 24, 2016 | by Racine Olson

Lawyers operate under ethical rules that prevent us from representing a client when we have a “conflict of interest.” A lawyer has a conflict of interest when there is something about the case that might prevent the lawyer from representing his client’s interests as zealously as he might. This usually comes up because the lawyer already has a relationship with the other party. For instance, the person you intend to sue might be a client, a relative, or a friend. In that case, the lawyer will almost always have to decline your case.

If the lawyer is in a firm with other lawyers, she will have to decline the case if any of the other lawyers in the firm have a conflict. Similarly, if the person you want to sue is insured by a company that is a regular client of the firm, the lawyer will probably decline your case.

That is why lawyers usually want complete information about the other parties involved in a case before talking to you in detail. We must check our records to make sure there is no conflict before talking confidentially with you. As you can see, this is done for your protection as well as the lawyer’s.

Third-Party Liability

Published on: February 22, 2016 | by Racine Olson

In some cases a third party may be found accountable for the accident that caused your work related injury.　 A separate claim may be made and legal action can be taken against that third party, though your employer cannot be the third party. If your receive damages against a third party, it is subject to subrogated claim.

Things can get complicated if you are one your own. Don’t try and weather the storm by yourself. Contact a local expert Idaho workers’ compensation attorney.

Fred Lewis, experienced Idaho workers’ compensation lawyer

The Low-Speed Car Crash

Published on: February 19, 2016 | by Racine Olson

One of the more difficult cases to prove is the personal injury case involving a low-speed car crash. A fender bender might not break any bones, but it can produce a significant jolt that, under the right circumstances, results in significant and long-lasting pain that can affect the victim’s quality of life and ability to work.

What makes these cases difficult to prove is that the injuries don’t show up on X-rays or CAT scans. The injury cannot be seen, it can only be felt. Juries are suspicious of injuries that lack solid objective evidence to back them up, and there have been cases of people faking injuries to get a recovery in a personal injury lawsuit. Nevertheless, it is undisputed that real injuries can result from a low-impact crash. The medical community is able to identify and treat these injuries. The right experts can provide the objective evidence to convince the most skeptical jury.

To win a personal injury lawsuit in Idaho requires a lawyer who can pull together the medical experts and the evidence and present it in a way that a jury trusts. We have the experience, the expertise, and the reputation to get you the best result in a low-impact injury case .