Probably all of us have had the unpleasant experience of being electrocuted. It may have been from a simple battery or something that delivers a harsher shock, like an electric fence. Luckily, most of these shocks are harmless. However, electricity is nothing to mess around with and can lead to horrifying burns and injuries. Here at Racine Olson, we have had experience dealing with some of these horrible accidents. We have been helping our friends and neighbors throughout the area, including Twin Falls, on many such cases since the 1940s.
Who's to Blame?After an electrical accident, there are many questions to be answered. These include: How did the accident occur? Who was responsible? Was there more than one person or entity responsible for the injuries? How bad are the injuries? Idaho law explains how these types of things should be handled.
The Electric CompanyIdaho law requires that an electric company, or anyone involved in the transmission or generation of electricity is held to the very highest standard of care to others. This means that a person or entity must protect people against all reasonable possibilities of electrocution. This is an extremely high standard of care. However, it is appropriate that electric companies be required to meet this requirement given the power and unpredictable nature of electricity. Innocent people need to be protected from electrocution, and electric companies bear a heavy responsibility in this regard.
Comparative Negligence of OthersIdaho has a comparative negligence standard in all of these types of cases. This means that even though the electric company may be at fault, its fault is compared with the possible negligence of other people involved in the accident, including the injured person. At trial, the jury will fill out what is called a "Special Verdict Form" and will compare the fault of the various parties. It will then state who bears the most responsibility for the fault. It may be that the electric company is 80% at fault for causing the injuries and the injured party is 20% at fault. This means that a verdict of $100,000 would be reduced by $20,000 to account for the injured party's negligence, leaving the electric company to pay the remaining $80,000 of the verdict. If the jury finds that both the electric company and the injured person are equally negligent, then the injured person receives nothing. This means it is very important for your attorney to educate the jury on this eventuality to ensure that a jury finds that the electric company is more than 50% at fault.
Electric Injuries / DamagesWhen a person is the victim of an electrocution, there are many different types of damages. One category of such damages is known as special damages. These are things such as medical bills, lost wages, loss of future earning capacity, and medical bills. There is another category of damages called general damages. These are made up of pain and suffering, mental anguish, and disfigurement. It is important to maximize the recovery of both damage categories.
Racine Olson has handled many of these types of cases, and we know how to shape such a matter so that you can be awarded the maximum recovery possible. We'll address the problem with you and help you feel at ease. Give us a call. Problem Solved.