As the legal system is not universal, laws vary from state to state and jurisdiction to jurisdiction. If you are involved in an accident that has caused you to sustain property damage or physical injury in the state of Idaho, you are likely wondering how Idaho handles shared fault in personal injury lawsuits. As the most important determining factor in personal injury claims and lawsuits, negligence is the legal term for blame in this situation.
If a person is found to be negligent, it means that they have not acted with reasonable care and that lack of care has resulted in an injury to another. Depending on the negligence laws that govern the state in which the accident took place, negligence can either be contributory or comparative.
Negligence refers to who is wholly or partially to blame for an accident. The person who is found to be most negligent in an accident is the party who is liable for damages to any injured parties—making this designation is the most important for the outcome of a claim or lawsuit.
The negligent party is most often liable for financial compensation to the injured party, which can cover several areas. If the plaintiff (injured party) had their car damaged in a car accident, any vehicle repairs would fall under that umbrella of property damage. If the plaintiff sustained a physical injury, any related medical costs such as stays in a hospital, medication, physical therapy, or therapy due to psychological pain and suffering are also included.
If you were injured in an accident in the state of Idaho, you will need to be aware of how their negligence laws operate, which is why hiring a Boise personal injury attorney is advised. Hiring a local attorney ensures that they are familiar with the laws that affect your claim.
Idaho’s personal injury law is governed by the doctrine of comparative negligence or comparative fault. This requires that everyone involved in the accident have their role assessed and evaluated, including the injured party. If the injured party is found to be fifty-percent or more responsible for the accident, they are not entitled to receive any kind of compensation. If they are under fifty-percent negligent, their entitlement will be determined by their apportioning of the negligence. The higher the percentage of blame, the less damages they are entitled to; the lower the percentage of blame, the more damages they are entitled to.
If the accident that has caused your injury was not one-hundred-percent the fault of the other person, Idaho operates under the banner of comparative negligence. In shared-fault cases, things get more complicated, as negligence must be proven and apportioned amongst all involved. Once the shared fault is determined as a negligence percentage, the state of Idaho will determine who, if anyone, is entitled to receive damages.
If you were injured in the state of Idaho and are wondering if you should pursue a personal injury claim or lawsuit, understanding the negligence laws that govern the state is a good place to start. If your negligence apportion is less than fifty percent, your entitlement will reflect your share of the fault; if you are fifty percent or more to blame, you will not receive any compensation.