PERSONAL INJURY FAQs
If you’ve been injured because of someone’s negligence or recklessness, then you may be able to bring a claim for damages. You’re probably in pain and experiencing stiffness and soreness. You might be angry, confused, shaken up, or frustrated, or all of these at the same time. It’s perfectly understandable you’d feel this way.
You probably also have lots of questions.
Here are some of the more common questions we get and our responses:
Do I need an attorney?
The insurance company I talked to said I don’t need an attorney. True?
Okay, I’m convinced, I need to hire an attorney. When should I hire one?
It’s been awhile since I got injured and I’ve already done some things on my own. What now?
Will the information I share with you be kept confidential?
What if I’m unsure my claim is large enough for an attorney to handle?
What damages can I recover?
Will I have to file a lawsuit? I really don’t want to sue anyone.
If I do file suit, will I have a trial?
How much time do I have to file a lawsuit?
How much will you charge to represent me?
When I meet with you for my free consultation, what should I bring with me?
Do I need an attorney?
Well, you might believe you can handle matters on your own. Many people do. However, once medical bills start adding up, insurance companies start calling—or stop responding to calls, and it starts taking more and more time to deal with everything, most people realize it is much better to hire an experienced attorney to help. I once worked with an attorney who would tell potential clients, “If you needed a root canal, would you do it yourself?” Handling injury claims is not quite the same but doing it well takes a significant amount of education, experience, skill, attention, and a clear understanding of the applicable laws. Most people don’t have this training or the time to invest in it.
The insurance company I talked to said I don’t need an attorney. True?
Insurance companies and their employees are not your advocates. In fact, their interests are usually directly opposite yours. They know that you are less a threat to them and their money if you represent yourself because most people do not understand the claims process and cannot enforce their claims by filing suit, if necessary. Also, insurance company representatives, usually non-lawyers, will often give (poor) legal advice, even though they are prohibited from doing so. When you take advantage of our free, no-obligation consultation, or hire us, we will put your interests first and foremost.
Okay, I’m convinced, I need to hire an attorney. When should I hire one?
The sooner you hire an attorney, the better in most cases. The longer you wait, the more likely you may have difficulty proving your case. Data can disappear or be erased, even innocently. Witnesses can move away or otherwise not be located. The longer you wait, the harder it will be for the attorney to do many things to find and preserve critical evidence.
It’s been awhile since I got injured and I’ve already done some things on my own. What now?
First, don’t stress. Most people begin the process alone and discover it is burdensome and stressful. Medical bills and appointments take up time and money, insurance companies can stall paying for vehicle damages or your bills, you may be missing work or paying for help around the house, etc. Once you retain us we immediately notify all insurance companies we are on the case and they must contact us instead of you. That should stop any phone calls to you. We also begin gathering the relevant information as we learn of it so that evidence can be preserved. Wouldn’t you rather focus on getting better and healthier again, both physically and mentally? We can help alleviate some of the pressure so you can do just that.
Will the information I share with you be kept confidential?
The short answer is, yes, we will keep your information confidential even if we only have a free consultation. We are duty-bound to maintain confidential the things you talk about with us. The slightly longer answer is that if you pursue an injury claim your medical information and records from your injuries—and sometimes before your injuries—are subject to disclosure and use in open court. Again, what you tell us we will not disclose but what is in your records before and after your injuries happen is disclosable. It is critical when you consult with us that you are completely honest about all the facts and circumstances of your injuries, and your past medical conditions, even if you aren’t sure if they are relevant. If you don’t share this information, then you and we will be at a significant disadvantage when the insurance company or a defense attorney gets it. It is much better to reveal this information to us at the start of your case.
What if I’m unsure my claim is large enough for an attorney to handle?
Over nearly 25 years of practice, we’ve successfully handled cases with damages that range from the very small (e.g. soft tissue injuries that heal over a few weeks) to the very large (e.g. catastrophic injuries requiring a lifetime of care, or wrongful death). We won’t know if your case truly needs an attorney until we meet with you. Since we offer a free, no-obligation consultation , why not ask? We’ll give you our best answer even if that means we believe you would be better off without our services.
What damages can I recover?
There are generally two broad categories of damages you can recover in Idaho: “special damages” and “general damages”. Special damages include things like medical bills, lost wages, out of pocket expenses, and other items easily identifiable with exact numbers or good estimates. General damages include things like pain and suffering, loss of enjoyment of life, mental anguish or emotional distress, inconvenience, and other things that are not easily reduced to a specific number. Particularly egregious events could make available “punitive damages”—damages designed to punish the wrongdoer—available in addition to the others, but these cases are rare. If you are injured in an auto collision, you may be able to recover loss of use of your vehicle and vehicle value depreciation in some cases.
Will I have to file a lawsuit? I really don’t want to sue anyone.
It might surprise you to hear that we don’t either! Filing lawsuits and pursuing litigation is a lengthy, costly, frustrating process for people who don’t do it every day. Even for those of us who do, it can be unpleasant. Fortunately, we are often able to settle cases through negotiation before having to sue anyone. Sometimes we are unable to convince the insurance company on the other side to make a fair offer, or we are otherwise unable to reach a settlement. In these cases, we may need to file a lawsuit to enforce your rights and pursue your claims but will never do so without your prior consent.
If I do file suit, will I have a trial?
Not necessarily. Most cases are settled through negotiations before or after filing a lawsuit. If no settlement can be reached, then the court will hold a trial.
How much time do I have to file a lawsuit?
In most Idaho injury cases, you have two years from the date of the injury to file suit. This is called the “statute of limitations”. If you don’t file your case within two years, you lose your right to file suit and your claims will be barred. While there are some exceptions to this rule, this is another reason to contact us early in the process.
How much will you charge to represent me?
You may have heard that injury lawyers charge a “contingency fee” anywhere from 33.3% to 40% or more depending on the case and when it finishes. This means they take that percentage of the total amount negotiated in settlement or received as an award. At Indian Creek Legal Services, we charge only 30% if we are able to resolve your case before filing a lawsuit, and 33.3% only if we have to file. Alternatively, you have the option of paying us by the hour instead of as a percentage of what we recover for you. Let us know if you would like to discuss this option.
In addition, there are certain costs that are necessary to incur to pursue your claims. For example, when we request your medical records, your medical providers will charge for copies. If we file a lawsuit, the court charges a filing fee. Sometimes we need written opinions from doctors or other experts and they charge for their services. We are often able to front these costs for you and then be repaid at the end of our case.
When I meet with you for my free consultation, what should I bring with me?
Everything! More specifically, you should bring all documents you have related to your injuries and the incident that caused them. This includes, depending on the case, insurance policies, declaration pages, and correspondence, photos of your vehicle and damage/repair estimates, photos any other vehicles or objects involved, photos of the incident scene, photos of any visible injuries (such as bruises or cuts), any medical records and bills you have, witness contact information, receipts for your out of pocket expenses, and anything else that may be relevant to your claims. If you are unsure whether it’s relevant, bring it.
Have specific questions about any of the following specific types of cases, just click on the link.
Car Collisions (coming soon)
Truck Collisions (coming soon)
Motorcycle Collisions (coming soon)
Pedestrian and Vehicle Collisions (coming soon)
Bicycle Collisions (coming soon)
Slip or Trip and Falls (coming soon)
Dangerous Premises (coming soon)
Dog Bites (coming soon)
Burn Incidents (coming soon)
Accidents Involving Government (coming soon)