Can a Boise Personal Injury Attorney Get Me Compensation for Injuries I Was Partly at Fault For?
Many Boise residents give up their personal injury claims. Some fear the long and tiresome court procedures. Others think that if they were partly at fault for their injuries they lose their right to compensation. No one should give up a right without first learning what the law stipulates for their particular case. A simple consultation with a Boise personal injury attorney can help cast light on any case.
If you incurred injuries due to another party’s negligence, your contributory negligence does not bar your right to compensation. Of course, the party at fault for your injuries would benefit from having you think otherwise. Therefore, do not be surprised if they try to blame you for everything. Your focus should be on contacting a personal injury lawyer and preparing your compensation claim.
Your Boise personal injury attorney will undoubtedly explain what the law has to say regarding your own negligence. In fact, we will review and explain Idaho laws stipulations on comparative negligence in the following lines.
Idaho Comparative Negligence Law and the Benefits of Working with a Boise Personal Injury Attorney
Title 6, Chapter 8 of Idaho Statutes covers comparative negligence. Section 6-801 clearly stipulates that contributory negligence does not bar recovery. It does not matter if your claim refers to property damage or personal injury.
You can still seek compensation as long as your own negligence does not exceed that of the defendant. Your share of fault will, indeed, influence the amount you can receive as compensation. The best way to assess the value of your claim is to consult a Boise personal injury attorney.
The latter will review all the factors involved and give you an estimate. It is important to note that personal injury claims cover more than just medical expenses and potential property damage. They may cover pain and suffering, lost income and earning capacity, disability adjustments, and more.
Section 6-802 dictates how Idaho courts should calculate damages and contributory negligence. According to it, the jury will determine the compensation amount and the percentage of comparative negligence separately. They will reduce the amount of compensation by the comparative negligence percentage.
A Boise personal injury attorney may prefer to explain this section of the law through a concrete example. Let us say you slipped on a wet supermarket floor and incurred a hip fracture. You needed X-rays, surgery, time off work, physical therapy, and lots of painkillers. All these amounted to $100,000.
However, when you slipped, you were talking on the phone and did not pay too much attention. The jury decides that you were 25% at fault for your injuries. This means that, instead of recovering all the $100,000 your claim amounted to, you will only get $75,000.
Of course, this is much better than nothing. Just keep in mind that you can influence the percentage of comparative fault. All you have to do is work with an experienced Boise personal injury attorney. You see, Idaho laws care less about how things happened than they care about what you can prove.
Thus, your talking on the phone becomes an issue only if the defendant to your claim can prove it. Even if they do, your attorney may be able to prove that it did not influence your slip-and-fall. Or, they may be able to justify higher compensation. Thus, when the jury deducts the 25% corresponding to your contributory negligence, you will have more money left.
Of course, their results will depend on when they start working on the case, how long they have. Investigations take time, and so do court formalities. You’ll want to reach out to a Boise personal injury attorney as soon as possible. The law only allows two-years for personal injury claims, and time passes fast. Moreover, the sooner you file your claim, the sooner you will get your compensation.
Schedule a Consultation with a Knowledgeable and Experienced Boise Personal Injury Attorney
Do not waste your time wondering how much your claim is worth or whether you contributed to your injuries. Let us help! Call our office at 208-314-3188, and schedule a case review! It is free, so you have nothing to lose.
Our Boise personal injury attorney will analyze your case details and estimate the value of your claim. They will explain your options, answer your questions, and, if you let them, take over. You are one step away from obtaining the compensation you deserve with minimum stress and effort from your part.