Statute of Limitations for Pedestrian Injury Claims
After sustaining injuries while walking on the road, you have two years from the date of the accident to file a claim for relief in accordance with Idaho Code § 5-219(4). It is a good idea for a person in Idaho Falls to seek legal counsel as soon as possible after your pedestrian collision, as it could help prevent your claim from being dismissed on a technicality.
How Are Damages Determined in Pedestrian Accidents?
When evaluating damages for road incidents involving a pedestrian, it is important to understand the state’s strict eligibility standard as well as the types of financial compensation available. The state follows a modified comparative negligence rule under Idaho Code § 6-801 for purposes of pursuing compensation. Under this model, if you are determined to be 50 percent or more at fault for the accident, you are disqualified from recovering any money.
If you are eligible, our Idaho Falls attorneys could help you seek the following types of compensation after a pedestrian crash:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Disfigurement
- Mental anguish
- Pain and suffering
Economic damages compensate for your financial harm, and non-economic damages reflect the emotional toll of your injuries. While economic damages are limitless, the state places a cap on the amount of compensation you can receive for emotional harm pursuant to Idaho Code § 6-1603. A detail-oriented lawyer helps maximize your overall damages award.
