Limited Time to Take Action
Seeking legal help immediately after an accident is critical. Adults have two years from the accident date to file a lawsuit, according to Idaho Code § 5-219(4). When a paralyzing injury occurs in childhood, the injured person can file suit on their own once they turn 18, but it is usually preferable for a parent or guardian to sue on their child’s behalf shortly after the accident.
Sometimes a unit of government bears some or all of the responsibility for a paralyzing injury. A government agency might be responsible if the injury resulted from an accident:
- At a municipal recreation facility
- Involving a fire truck, police car, school bus, or city bus
- Caused by a public employee on the clock at the time the incident occurred
- In a government office building or other government-owned public space
If a government entity bears some responsibility for the incident that led to your paralysis, you must officially notify it of your claim within six months of the incident or lose your right to sue.
When you contact our Idaho Falls paralysis attorneys soon after an accident, we can ensure you meet all legal deadlines and begin building a robust case for compensation.
Potential Damages After Paralysis
When you can prove another party’s negligence led to your paralysis, that party is liable for your damages. They are responsible for reimbursing the medical expenses, lost wages, and future costs associated with your injury.
You may also be able to claim damages for your pain and suffering. Idaho Code § 6-1603 currently caps these damages. However, when our Idaho Falls attorneys can prove that your paralysis resulted from conduct that constituted a felony, or was intentionally reckless, a judge could lift the cap.
A concept called modified comparative negligence may impact your damages if you bear any responsibility for the accident. Idaho Code § 6-801 requires a court to reduce your damages by a percentage that reflects your degree of fault. If you are more than 50 percent responsible, you cannot collect any damages. Parke Gordon Law takes every opportunity to show evidence that reduces your degree of fault, and thus protects the damages you are owed.
