You were injured in a car collision where the other driver was clearly at fault. Idaho is a fault state, which means you can claim compensation for your losses from the at-fault driver. If you were partly at fault, your settlement would be lower, depending on your share of the blame. Idaho also follows the “modified-comparative-fault” rule, which means that you cannot claim compensation when you are more to be blamed than the other party (or your fault share is more than 50%). No matter the circumstances, working with an Idaho car accident attorney can help your case. You should consult an attorney soon after the accident because you don’t have as much time as you think.
The statute of limitations
The statute of limitations sets the deadline for filing an injury lawsuit after an accident against the at-fault party in every state. This could refer to the driver at fault in a car crash or the property owner in a premise-liability case. In Idaho, you have two years to file an injury lawsuit after the accident, and the count starts from the accident date. If you lost a loved one in a fatal crash, you could file a wrongful death lawsuit. However, in that case, the count would start from the date of the deceased’s death, which can be later than the date of the accident.
Take action in time
Valuable evidence following an accident can vanish in no time. You may end up losing witnesses and physical evidence of the crash because of late action. Right at the accident site, take photos of your injuries, damaged vehicles, and everything else that may matter for your claim. It would help to note down the details in writing because you may not remember everything clearly after a few days. If an investigating officer arrives at the scene, get their badge number and other details, and note down the contact info of the witnesses (if any).
Consult an attorney
As you recover from your injuries after the car crash, talk to an experienced accident attorney to know if you have a valid claim and what you can expect in a settlement. Lawyers can negotiate with the insurance company for you and file a lawsuit in court to get a fair settlement for your losses. Most accident claims in Idaho are settled outside of court, but it is wise to find a lawyer who can also represent you at trial.