Some accidents that occur, and the injuries that arise from them, are small. Sometimes they seem so small to the person who sustained them that they decide not to bring an action or claim at all. For instance, maybe a person has sustained a whiplash in a small car accident. What should be done? Should you talk to the adjustor? Should you quickly settle the case? It all seems overwhelming. Step back, take a breath, and call Racine Olson. We’ve been handling personal injury claims whether large or small for more than 70 years. We can handle your case quickly and efficiently and help you achieve the appropriate result.
Idaho Law Surrounding Small LawsuitsYou can have a small injury and still afford to retain an attorney. The Idaho Legislature has leveled the playing field between those who have suffered smaller injuries and the powerful insurance companies. This legal intervention came in the form of Idaho Code § 12-120. That Idaho statute provides that when a person suffers an injury where the damages do not exceed twenty-five thousand dollars, the court must award attorney fees after trial to the Plaintiff unless the insurance company makes an offer that exceeds 90% of the amount that the jury awarded in its verdict. Simply stated, because the insurance company did not offer the money that the jury believes it should have, then it has to pay the attorney fees.
Another way of saying this is that if a person has an injury and makes a proper demand to the insurance company, then it must pay that amount. Otherwise, if the case goes through trial and the jury awards an amount that is more than 10% over what the insurance company offered, then the Judge will also award attorney fees to the injured person.
It is important to remember that in order to set this up properly, a “statement of claim” must be done correctly. This means that medical bills must be included, future medicals must be provided, lost income must be included, and other appropriate losses must be determined and demanded in this document. If the statement of claim is not done correctly, there is a risk of not receiving attorney fees. At Racine Olson, we have done many of these Statement of Claims and we know what is needed to have a court honor them.
Preparing for Your Meeting With an AttorneyAfter a car accident where there have not been terrible injuries, talk to your doctor. Determine what will be necessary medically to get you to maximum medical improvement. Then gather those medical records and bills.
In addition to medical records, you will need to gather evidence of lost wages. Go to your employer and get a letter that shows how many days you missed work and what your wage is.
If there were property damages in the accident, get an estimate to repair them. If your vehicle was damaged, then there is likely a loss of value claim. This is where the car is repaired, but it has lost value due to being in a crash.
After you have these things, contact an experienced personal injury attorney. We believe at Racine Olson, we have the attorneys with the knowledge and experience to handle your case quickly and efficiently. We’ve addressed many claims like this and we know how to do approach it in such a manner to get the results you would like. Further, we don’t care if the case is big or small. We treat them all the same and maximize our clients’ recoveries.
A Word of CautionYou should not feel bullied or pushed into signing documents, giving statements, or meeting with insurance adjustors before you are ready. Indeed, you don’t need to meet with them at all before talking over your case with your attorney. Insurance adjustors are not your friends. They are not trying to pay you more money than they actually have to. Their goal is to pay you as little as you will accept and make their own companies happy.
At Racine Olson, we want to make you happy. As a personal injury attorney, we want to help you maximize your claim and see that your health is preserved. It doesn’t matter if you are in Boise, Twin Falls, Idaho Falls, or Pocatello, if you need a personal injury attorney on a large claim or a small one, we can help.
Give us a call, we’ll discuss the problems and then remove the stress from your life. Together we’ll solve the problem.