What Damages Can I Recover?
You can recover your actual economic losses such as the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries
You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence. Idaho law limits noneconomic damages to $400,000 with that amount adjusted each year by the rate of increase of average wages in Idaho. The limitation, however, is not applicable to cases involving willful or reckless conduct nor is it applicable to punitive damages.
In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.
Punitive damages are intended to punish a defendant and are only awarded when a claimant can prove oppressive, fraudulent, wanton, malicious or outrageous conduct.
Other Idaho Personal Injury FAQs
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Q:
I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
A: In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the … More -
Q:
Who Is Responsible When A Person Is Injured?
A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More -
Q:
How Do I Decide If I Need To Hire An Attorney?
A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Idaho will handle claims up to $3000. If your injury is a minor … More -
Q:
How Much Will An Attorney Cost?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More -
Q:
How Long Do I Have To Hire An Attorney?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More -
Q:
How Will My Claim Be Processed?
A: Although most of us would prefer to avoid filing a lawsuit or going to court, it is sometimes necessary to pursue litigation to get full value for your claim. … More -
Q:
How Can I Determine How Much My Claim Is Worth?
A: Attorneys are prohibited from promising that they will obtain a certain amount of money for you. For purposes of settlement, a claim is valued upon an estimate of … More
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