In Idaho, individuals are required to prove negligence in order to get fairly compensated for the losses they suffered. However, before victims can do this, they need to first understand what negligence is, to begin with. Negligence is the failure of a person to use reasonable care in any case. This can come in the form of failing to put up safety signs, or it can come in the form of carrying out an inappropriate action.
There are four elements that must be examined in order to prove negligence. Firstly, it must be established that the guilty party owed a duty of care. For instance, that they were required to obey a specific law, like stopping at a stop sign. Secondly, it must be established that they breached this duty in one way or another. Thirdly, it needs to be established that their failure to uphold their duty led to injuries to the victim.
Lastly, it needs to be proven that the victim suffered damages from the injuries such as medical expenses, and lost wages are pain and suffering. The negligent party who owed the duty of care but failed to follow through with it is at fault for the injuries sustained by the victim. However, Idaho follows a comparative fault system. This means that if the injured individual contributed to their own injuries at a rate of 50% or more, then they will be considered negligent and they will likely lose the ability to earn compensation. However, if they were 49% or less at fault they can obtain monetary relief in accordance with their degree of fault.
The Involvement of Multiple Defendants in Personal Injury Cases in Nampa, Idaho
In a lot of personal injury cases, there is more than one party who is responsible for the accident. In these cases, multiple defendants will have to be identified and interviewed so they can be confronted regarding the injuries sustained by the victim.
These cases can get quite complicated, and it is in the best interest of the victim to reach out to a personal injury lawyer and seek legal advice regarding their matter. An attorney will help determine possible defendants, and collect evidence to prove their negligence so individuals are able to rightfully get the economic and non-economic damages they deserve. The right lawyer will be able to handle the technicalities while the victims focus on coming to a full a complete recovery from the serious injuries they sustained.
Get in touch with a personal injury lawyer at the Law Office of Johnson and Lundgreen today.
Reach them at:
Johnson and Lundgreen
2541 E Gala St, Ste. 210
Meridian, ID 83642
7610 Southside Blvd
Nampa, ID 83686
250 S. 5th St., Suite 300
Boise, ID 83702