Pain and suffering is one of the first things may come to your mind when thinking about an auto accident. However, the laws regarding these aren’t clear to most. For example, did you know that in Idaho, there is a $250,000 cap on non-economic damages, adjusted for inflation each year? Moreover, this cap is raised to $500,000 for claims against government entities in Idaho. If you have a case on your hand, be sure to speak a local Boise Idaho auto accident lawyer. Below is a small guide to help you understand pain and suffering laws.
While pain and suffering is difficult to measure in concrete terms, the bills do add up. Hence, in most auto accident cases, your hospital bills, your time out of time, potential loss of income in the long run, and impairment speaks for itself. In Idaho, most attorneys often agree on a multiplier method. This method relies on multiplying the economic damage with a certain number to reach the final amount of settlement. The number usually lies between 1 and 5. For example, if you have paid medical bills to the tune of $50,000, the attorney may multiply it by 4, and reach the final settlement as $200,000.
As mentioned earlier, the state of Idaho caps damages in most cases with limits. These limits change each year with inflation. For example, the original number of $250,000 was changed to 3, 26,000 in 2016, thanks to addition due to inflation. Moreover, if a defendant is at fault for more than 50%, the court may stop recovery altogether. This is in accordance with the state’s modified comparative negligence. This will also ensure more recovery if the other party engaged in reckless behaviour, in such cases, the caps on recoveries are removed.
Police report among other documents are important evidence to build your legal case. In Idaho, in case any party suffered an injury, you have to immediately inform the police with the quickest means of communication. This responsibility takes a centre stage, if the party hit was a pedestrian. As a motorist, it is your responsibility to ask for legal and medical aid, along with filing a police report.
Due to complex clause related to negligence in auto accident cases, it is important to hire a specialised attorney. An attorney can investigate the scene to find notable evidence of speeding, failing to yield, defect with the vehicles, and more.