Following the filing of your lawsuit for the recovery of damages arising from your personal injury action, it is common that the defendant’s attorney will want to take your deposition. A deposition is a scheduled meeting where a witness, accompanied by their attorney if they have one, responds orally to…
Compensatory damages or “actual damages” are those monetary amounts that are awarded to compensate for a proven injury or loss. Compensatory damages are broken down into two sub-categories, called “special damages” and “general damages.” Special damages are those damages that are readily identifiable through documentation and must be specifically claimed…
Punitive damages are those damages awarded in addition to compensatory or actual damages. Punitive damages are awarded in those circumstances where the defendant’s actions are outrageous, oppressive, fraudulent, wanton, reckless, or the defendant acted with malice. The goal of the award of punitive damages is to serve the public policies…
Idaho has adopted the Comparative Negligence Doctrine when damages are being assessed in situations such as automobile collisions. Basically, this doctrine provides that a plaintiff’s recovery is reduced in proportion to the plaintiff’s degree of fault in causing the damage. If a plaintiff’s degree of fault is 50% or greater,…
By Fred Lewis and George Casper The red light and stop sign are arguably two of the most universal of traffic signals. Every driver knows what these signs mean: Stop. Yet, every day there are car accidents all across the country because one of the motorists involved ran through a…
By Fred Lewis and George Casper Car accidents in Idaho that result in personal injury can be upsetting to all. You accumulate medical bills that need to be paid, you lose wages due to time away from work, and you can suffer from pain that may never go away for…
By Pat George A Nampa man who was driving drunk struck a 19 year old pedestrian in March, 2015. It’s a tragedy that plays itself out all too often across Idaho almost everyday. In 2012, one third of the accident fatalities across our great state were alcohol related. What this…
By Brent Roche Spoliation of evidence is a rule of evidence that applies when there is an intentional destruction of relevant documents or objects. If a party to a lawsuit is guilty of spoliation of evidence, the presiding judge may instruct the jury that they may presume that the destroyed…
Every type of civil lawsuit is governed by a statute of limitations. A statute of limitations is a time frame for when a lawsuit must be filed. If a lawsuit is not filed within the applicable statute of limitations, generally the claim is forever barred. This means that if a…
By Josh Johnson Most of the time when a person is injured in a vehicle accident, that person will have to deal with one or more insurance companies. The insurance companies will then assign an adjuster to the claim. The adjusters analyze the claim for fault and damages. Most of…