Seek Legal Assistance Right Away
When you sustain a catastrophic injury, your physical recovery and psychological adjustment to your condition can take a long time. Unfortunately, the law does not give you the opportunity to recover and adapt before you must act.
Idaho Code § 5-219(4) requires you to file a lawsuit within two years of the incident that caused your injury. Because the stakes are so high in a catastrophic injury case, engaging an Idaho Falls attorney soon after the accident is the best course of action.
Your legal counsel will need as much time as possible to identify all the parties with liability for your injuries and find evidence proving their negligence. Making claims against multiple parties increases the pool of insurance coverage and makes it more likely that we can obtain a settlement that reflects the severity of your injuries.
Potential Damages in a Catastrophic Claim
When another person, business, or government entity contributed to the accident that injured you, they are liable if you can prove them negligent. You can claim all your out-of-pocket expenses related to the injury, past and future medical care and personal support, and diminished lifetime earnings. Our Idaho Falls attorneys can help you document your catastrophic injury-related expenses, and we will hire experts to calculate your future losses.
You can also claim non-economic damages for your pain and suffering. Idaho Code § 6-1603 limits the amount you can collect for your pain and suffering to $500,000 in most cases. However, if the act that led to liability was a felony, or if the defendant’s conduct was reckless or wanton, the cap may not apply.
Your Conduct Can Make a Difference
If you were partially responsible for your injuries, Idaho Code § 6-801 requires that your damages be reduced by a percentage equaling your portion of the fault. If you were more than 50 percent to blame, you cannot collect any damages.
