ATVs are great, but they can cause serious injuries when operated unsafely or with faulty equipment. This firm handled just such a case where the injured person was unloading an ATV which belonged to another person. The owner had not told our client of the faulty front brakes. As a…
By Fred Lewis and George Casper As we all know, car accidents can cause severe injuries to all people in every vehicle involved. The impact of the crash can cause the head and neck area to whip around violently, which can cause blunt force trauma to the head and neck.…
By Fred Lewis and George Casper According to the National Highway Traffic Safety Administration, speeding is a contributing factor in roughly 30% of all fatal crashes. This percentage would increase if non-fatal car accidents that resulted in serious personal injury were factored in. It is quite simple; driving a car…
Discovery is the process parties in litigation use to “discover” the information the opposing party has or is aware of that will assist in prosecuting or defending a case. Long gone are the days when a litigant can come to court with a “smoking gun” piece of evidence that the…
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…