A catastrophic injury is one which leaves the victim with very long-term or permanent effects. In addition, it may result in death. These types of injuries often leave an innocent party unable to walk due to a spinal cord injury or perhaps their personality is completely changed as a result of a traumatic brain injury. These types of injuries affect not just the injured party, but also their close family, friends, and other loved ones. Racine Olson, with its office in Pocatello, has been helping people recover from terrible injuries or wrongful deaths since the early 1940s. We are aware of the things that must be done to preserve and maintain a case of this type in Idaho.
Idaho Pitfalls can be Fatal to a Catastrophic Injury CaseFirst of all, it is absolutely imperative that you file your case within the 2-year statute of limitations. There are some exceptions to this for a person who is injured when they are under the age of 18 or in situations where it is unclear whether or not damage has occurred. However, these exceptions are extremely rare and should not be relied upon. The first thing that one should do after obtaining the necessary medical care for his or her catastrophically injured loved one, is to consult an attorney. The statute of limitations can then be identified, and the case can be filed with the appropriate court and protected.
Another pitfall that arises frequently in this area of law is the failure to serve the complaint on the party who caused the accident and/or injury in a timely fashion. Although a complaint may not need to be served on an opposing party within the statute of limitations, there are specific rules which require that a defendant be served within six months after the complaint is filed. The failure to do this can sometimes be excused if there is “good cause”. The “good cause” exception should not be relied on. What a person believes is good cause for failing to serve the complaint may not constitute good cause to the court, and the complaint may end up being dismissed. If this happens, the ability to refile is lost because the statute of limitations blocks the lawsuit. Once again, as soon as an accident or injury occurs, an attorney should be immediately approached so that service of process may be immediately effectuated.
Another pitfall that often arises concerns expert witnesses. It is often necessary in these complicated catastrophic injury cases to retain experts to discuss the mechanism of the injury or the extent of the injury or both. There are many rules regarding when an expert’s opinion must be disclosed and whether or not it also needs to be supplemented. It is important that these rules are followed so that a case is not damaged by the court refusing to allow an expert witness to testify at trial simply because a supplementation was not provided in a timely fashion.
Give Us a CallRacine Olson has handled all kinds of cases, including catastrophic injury cases, from all parts of the state of Idaho. These have included those in Boise and Pocatello, and all places in between. We have the experience to handle your catastrophic injury case with the care that it deserves and to maximize your recovery. We are anxious to help you solve those issues and problems confronting you. Problem Solved.