Idaho Law Blog

Spoliation & Preservation Of Evidence

Published on: July 23, 2015 | by Racine Olson

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 evidence would have been adverse to the party who intentionally destroyed it. The party is free to try to overcome the negative presumption by presenting other evidence addressing the issue in question. An example of spoliation of evidence is where a tire manufacturer, who received an allegedly defective tire that was believed to have caused an accident, discards the tire before the victim’s representatives have examined and tested the tire.

An opportunity to collect some evidence can be forever lost unless prompt action is taken soon after an injury accident. Preservation of evidence can greatly assist an injured person pursuing an injury claim. For example, the severity of a traumatic injury is best shown with pictures of bruising, swelling, abrasions and lacerations. Likewise, most newer cars and trucks have “black boxes” that record key data for use in reconstructing an accident. When your car or the other vehicle is totaled it is important to talk with your insurance agent or lawyer about arranging for an expert to download the data from the vehicles before they are sold for salvage.

Idaho Workers Compensation Basics pt.2

Published on: July 23, 2015 | by Racine Olson

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 of his or her impairment. In order to get these benefits, the injured worker will need the help of an experienced Workers’ Compensation attorney.

As stated above, litigation with the help of an attorney is needed in order to gain these disability benefits in excess of impairment. These benefits are called Permanent Partial Disability (PPD) Benefits. These benefits are in addition to PPI Benefits.

Statute Of Limitations In Idaho

Published on: July 16, 2015 | by Racine Olson

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 person was seriously injured by someone else, but did not file a lawsuit within the applicable statute of limitation, the injured person will never be able to recover any funds for his or her injuries. The statute of limitations even protects the person at fault’s insurance company. In Idaho, the statute of limitations for personal injuries is generally two years from the date of the accident. Some exceptions do apply, including an exception for minors. The two year statute of limitations will apply even if the injured person is still getting treatment from the accident. The two year statute of limitations will also apply even if the injured person is negotiating a settlement with the person at fault’s insurance company.

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Idaho Workers’ Compensation Basics Part. 1

Published on: July 16, 2015 | by Racine Olson

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. Although some cases can get complicated, every case follows the same general pattern. Knowledge of this pattern helps clients to understand what stage of the claim process they have reached. The purpose of this two-part blog is to explain these steps to make injured workers aware of potential legal actions they can take.

Any worker injured while performing duties related to their job is entitled to certain worker’s compensation benefits by law. These benefits are: (1) The payment of any medical care necessary to treat the injury, (2) Total Temporary Disability (TTD) Benefits, and (3) Partial Permanent Impairment (PPI) Benefits. These benefits are normally acquired without the intervention of an experienced Idaho Worker’s Compensation attorney. However, it is always helpful to have the assistance of experienced Idaho Worker’s Compensation attorney to guide you. (no fees will be charged when the claim has been accepted and the above benefits are being paid.) The payment of medical bills is pretty straightforward, so there is no need to delve further into the topic.

Police Reports In Idaho

Published on: July 14, 2015 | by Racine Olson

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 the time, the very first document an adjuster reviews, whether from the injured party’s insurance company or the person at fault’s insurance company, is the police report. The police report is also heavily analyzed by the attorney retained by the insurance company if a lawsuit is filed. It is very important to provide the responding police officer with accurate information about the accident, including any pain or discomfort that the injured person may be having.

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Subrogation For Idaho Personal Injury Cases

Published on: July 10, 2015 | by Racine Olson

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 one party for another whose debt the party pays, entitling the paying party to rights, remedies, or securities that would otherwise belong to the debtor. Said otherwise, pursuant to the language which is probably in your insurance policy, when your insurance company paid your medical bills and those bills were incurred due to the negligence of another, your insurance company has the right to be paid back. The insurance company can sue the at-fault party seeking reimbursement or alternatively, they can obtain recovery through you in your claim/lawsuit against the at-fault party. When the at-fault party (or their insurance company) pays you to resolve the claim, a portion of those proceeds will need to go to your insurance company unless your insurance company agrees to waive all or a portion of their subrogation rights.

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The Industrial Commission Has Exclusive Jurisdiction

Published on: July 7, 2015 | by Racine Olson

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 truth. Here are a few examples:

Idaho Code 72-707 states, “All questions arising under this law [about who has fault]… shall be determined by the commission”. This law also states the Industrial Commission has exclusive jurisdiction of all questions arising under worker’s compensation law; this includes subrogation claims.

Seat Belt Laws In Idaho

Published on: July 7, 2015 | by Racine Olson

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 a statute that could have a large impact on a person who has not used a seat belt and is injured in a car accident. If the failure to wear the seat belt caused the injuries to be more severe than they would have been had the injured person been wearing a seat belt, that evidence can be admitted. This would reduce the injured person’s recovery. The moral of this story is that seat belt is more important than ever.

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Injured Workers In Idaho Get Hit Hard?

Published on: July 2, 2015 | by Racine Olson

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. When medical bill payments are coupled with the large disability payments workers get from these types of injuries because of their extended (sometimes permanent) time away from work, the subrogated claim can often be hundreds of thousands of dollars. Injured workers need as much of the settlement money they can get because they can more often than not no longer find work that pays even half of what they were making before their accident. They need this settlement money to support their families.

Before joint and several liability was abolished in 1987, the injured employee could collect 100% of the tort damages from the negligent third party, but was subject to deduction for his or her own negligence. A credit was also given to the third party for any workers compensation benefits paid by the employer’s insurance company. For example, if a claimant was awarded $1,000,000 in the third party case, and the third party was found to be 60% negligent, the employer 30% negligent and injured worker was found to be 10% negligent (a deduction of $50,000), the injured worker would receive $900,000 from the third party, with a deduction for workers compensation benefits paid .

Protection Against Underinsured Drivers In Idaho

Published on: July 2, 2015 | by Racine Olson

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 out that the other motorist has an insurance policy that only covers up to $25,000 (the legal minimum) of damages that result from an accident. Your damages, wage losses, and medical bills amount to over $400,000 dollars. What do you do in order to get the rest of your claim paid for?

Unfortunately, the scenario described above happens all too often. Underinsured motorist’s can leave drivers on the wrong end of a car accident with feelings of anger and frustration. In order to prevent these feelings, make sure that you check your own auto insurance policy and see what the limits are for car accidents with underinsured drivers. Buy as much underinsured coverage as you can reasonably afford. It is one of the best insurance values available.