Despite being decidedly rural, Idaho has its fair share of lawsuits and liability stemming from negligence cases. That is probably because it is a very active state, what with its outdoor pursuits: state parks, waterfalls, beaches, fishing, hot springs, and more. Maybe it's you who was hurt and needs help, or perhaps it was a friend or family member. Whatever the case, if you need guidance for your personal injury suit, Enjuris can connect you to what you need.
Idaho Personal Injury Cases & Accident Info
Idaho statutes online
This is where you’ll find Idaho's laws. The official website has details about how long you have to bring a case, damage caps on personal injury claims, and other important information.
In Idaho, you have two years to bring a personal injury claim and three years to bring a property damage claim. That doesn't mean the whole lawsuit must be completed in that span of time; it just means the paperwork has to be filed with the court before that time is up.
The initial meeting with a personal injury attorney is normally free of charge. (Keep in mind that other legal specialties, such as intellectual property law or estate planning law, are different.) After that, lawyers work on a contingency fee, which means that they will receive a third of the eventual reward, plus office expenses.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't set in stone, so don't be shocked if your lawyer suggests something different.
These are some cases of legal significance that came out of Idaho:
Reed v. Reed, 404 U.S. 71 (1971): A married couple separated and fought bitterly over who should have the right to administer the estate of their deceased son, which was worth less than $1,000. The Idaho Code preferred males to be appointed over females, and Sally Reed fought it all the way to the United States Supreme Court, which decided that under the Fourteenth Amendment, there can be no discrimination based on gender.
Jeff D. v. Clemont Leroy Otter, CV-80-04091-BLW (2011): This 30-year-old case is finally bringing some kind of justice to children in Idaho's mental health facilities. The plaintiff in this class-action suit, only known as Jeff D., is now an adult and – last anyone heard – living on the streets near Salt Lake City, eating trash from Dumpsters. However, he might take solace knowing that the courts have caught up and acknowledged Idaho's mentally and emotionally challenged children. The case was filed in 1980 against then-Governor Dirk Kempthorne and other state officials, alleging that inadequate care was a violation of the children's constitutional rights.
Sackett v. United States Environmental Protection Agency, 566 U.S. (2012): The Sacketts bought a piece of property in Priest Lake, Idaho, to build a house. They then received a letter from the Environmental Protection Agency claiming that because the property was subject to the Clean Water Act, they had illegally placed filling material (rocks and dirt for their new house) onto jurisdictional wetlands. The Sacketts tried to obtain a hearing, and they were unsuccessful. The validity of the Compliance Order could only be challenged if the EPA brought an action against them first. So, the Sacketts went to the Supreme Court, who ruled that the Sacketts could indeed bring an action under the Administrative Procedure Act, because the Clean Water Act does not preclude such an action.
There are certain issues you can solve without the help of an attorney. If you don't know where to begin, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like Westlaw or LexisNexis.