There are numerous misconceptions floating around about personal injury claims.  This is concerning in that when people are not properly informed they may fail to make a claim and collect money they are entitled to for injuries or they may make costly mistakes in the claim process which can result in lost compensation.

Read more to learn about some of the most common misconceptions about personal injury claims:

I was involved in a vehicle accident and the other driver did not have insurance, so there is no reason to make a claim. This is false.

There may be other available resources which provide for you to recover compensation. As an example, you may be able to collect compensation by your own insurance company if you have uninsured or underinsured coverage.  If the other driver was employed and on the job at the time of the accident, his/her employer might be responsible.  The point is that you owe it to yourself to explore all of these options.  The attorneys at Montgomery Dowdle will review all of these possibilities with you concerning your personal injury claim.

If I do make a claim, I will have to attend court and I don’t have the time for that. This is also false.

A very high percentage, over 80% of personal injury claims are settled out of court without you needing to attend any court hearings.  In addition, your attorney will handle the negotiations with the insurance company and your opponent, which will reduce any of your time that would be spent on the case.

The insurance adjusters are on my side. This is false.

Like any business, there are good and bad insurance adjustors. However, even good insurance adjustors work for the insurance company and their loyalties are to the insurance company, not you.  It is not their job to determine what is fair in each personal injury claim.  Their job is to settle the claim for the smallest amount, so they will try to pay you as little as possible. In this way, the company makes more money and they look good in the eyes of their supervisors.

The examples above are just a few of the more common misconceptions that people may have about personal injury claims and personal injury attorneys.  If you are involved in an accident, it is not wise to rely on what others or insurance adjusters tell you about your injury claims.  Even though they mean well, misinformation could ultimately be very costly when it comes to your claim.

The best thing to do is to consult with an experienced personal injury attorney.  They can explain your rights, answer your questions and give you ideas of what your personal injury claim may be worth.

You can call a Boise Personal Injury Lawyer at Montgomery Dowdle any time.  Your consultation is free and you get the benefit of more than 35 years of experience in personal injury law and insurance claims.   Call Now. 208-378-8882

The post Common Misconceptions About Personal Injury Claims appeared first on Boise Personal Injury Attorneys.

So I put together a quick overview of the entire process to help give you a feel of what you can expect if you hire an attorney.  Over the next few weeks, I’ll be adding articles to expand on each step in the process, so be sure to check back.

Step 1: Free Evaluation

First thing you want to do is meet with an Attorney you think you might want to represent you.  This can happen by phone, by video conference or in person.  The attorney will ask you simple questions about your case, explain what kind of damages you are entitled to recover, answer any of your questions about the legal process, and explain how a ‘contingency legal fee’ works.

Step 2: Hire – ‘Retaining’ – an Attorney

Once you’ve found an attorney you want to hire, you sign an agreement called a ‘Retainer.’ This simple agreement lists what he or she will be obligated to do in your behalf, and what his or her legal fee will be.

Step 3: A Letter of Representation

First step for your newly hired attorney is to notify the ‘At Fault’ insurance company that he or she is representing you.  This is called a ‘letter of representation.’ The ‘at fault’ party is usually referred to as the ‘Defendant.’

Step 4: Gathering Medical Records

Next your attorney will work with you to gather all your medical records and bills.  Often, if you need help finding the right doctor, an experienced attorney can make recommendations.

Step 5: Working with Creditors

If you are being harassed by creditors, your attorney can contact the creditors and work out an agreement with them so they stop calling and writing you until the case is resolved.

Step 6: Demand Letter

When you’ve completed your medical treatment, your attorney will prepare a ‘Demand Letter.’ This typically includes:

• a statement of the facts of the accident
• an explanation of why the defendant was negligent and liable for damages,
• a summary of your treatment,
• an itemization of your medical bills,
• a discussion of damages you are entitled to recover,
• and a demand for a specific amount of settle your claim.

A complete set of your medical records and bills will be sent with the demand letter, which is usually referred to as the ‘demand package.’

Step 7: Negotiate a Settlement

Your attorney will aggressively negotiate with the claim representative for the defendant’s insurance company to settle your claim for the highest amount possible.  He or she will keep you advised of each step of the negotiating process, and will not agree to any final settlement without your approval.

Step 8: Release 

If a settlement is reached, your attorney will process all the settlement documents, including the formal ‘Release’ you have to sign.  The Release sets forth the amount you will receive in exchange for releasing the Defendant from any further liability for damages.

Step 9: File Suit

If a settlement cannot be reached, your attorney will file a lawsuit for you. An experienced attorney can settle 90% of all cases he or she is retained to handle, for the top dollar amount, without needing a lawsuit.

Step 10: Mediation

After filing suit, your attorney will attempt to resolve your claim through ‘mediation,’ which is an informal process where both sides come together with a 3rd party acting as an impartial arbiter.  This process is non-binding, but often helps get the case settled.

Step 11: Preparing for Trial

If your case goes to trial, your attorney will guide you through the process.  I’ll go into more detail on this in another post, but it involves answering written questions from the defendant’s attorney called ‘Discovery,’ and undergoing a ‘deposition’ where the defendant’s attorney will ask you questions about your case. Your attorney would represent you at the deposition.

This is just a quick overview of the process, but hopefully it helps answer some of the basic questions you have about the legal process.  One of the easiest things to do is have a simple evaluation with an attorney.  This is a very casual conversation, where you can ask questions and get answers, and determine if submitting a claim is a good idea for you.

To schedule a free evaluation with Montgomery Dowdle, simply click the link here, and someone will reach out to you.  If you have any questions about your case, please call or email us.

The post What Happens When You Hire an Attorney? appeared first on Boise Personal Injury Attorneys.

Personal injury claims are an effective means of providing compensation to both the child and the family who must care for him or her. A minor is typically not able to navigate the legal system alone, but parents can pursue claims on behalf of the child to recover damages for medical bills and pain and suffering.

Injuries from Playground Accidents

Playgrounds at city parks, schools and day care centers are supposed to be safe places where kids can have fun.

Yet every year, according to the Centers for Disease Control and Prevention (CDC), more than 200,000 children under the age of 14 head to the emergency room for treatment for playground-related injuries.

Most of these injuries — about 75 percent — happen at public playgrounds.

Though bruises and other minor injuries often occur at playgrounds, many playground accidents result in more severe harm. The CDC estimates that roughly 45 percent of these incidents involve fractures, concussions, dislocations, amputations and internal injuries.

Common Causes of Playground Accidents

While unsafe behavior by children can lead to injuries, many playground accidents are caused by faulty equipment.

Schools, parks and other play areas often have equipment that is years or even decades old. Without regular inspections and maintenance, the play structures can become dangerous. Metal bars and chains develop rust, hardware loosens or wood components begin to rot, for example.

But even new equipment isn’t always safe, as some playgrounds are not designed to properly address injury risks.

Personal injury claims for playground accidents are not always based on unsafe equipment, either. In many cases, a lack of adequate supervision is the cause of injury.

Though the law does not have any definitive rules regarding what is considered to be adequate, schools and day care centers are legally obligated to take reasonable steps to ensure children’s safety.

Liability for Playground Accident Personal Injury Claims

The owner of the playground may be named in an accident claim.

For injuries that occur at public parks, the local municipality is usually responsible for maintenance. With national parks, however, maintenance is generally in the hands of the federal government.

Playgrounds at public schools are typically owned by the school district. Play areas also may be owned by private schools, day care facilities, churches or companies.

Aside from the playground owner, others may be held legally responsible for injuries.

If the design or construction of the playground was a factor in causing an injury, the company responsible for providing or installing the equipment may be held liable. And, if negligent supervision contributed to or caused the accident, the adults who accepted responsibility for supervision may be sued for damages.

Has your child been injured while playing at a park, school or other facility? If so, contact the Montgomery Dowdle today. Serving clients in Boise and throughout Idaho, we have more than three decades of experience assisting victims in obtaining the compensation they’re entitled to.

Contact us today to discuss any injuries your child has suffered as the result of a playground accident or other mishap.

The post Does Your Child’s Playground Accident Merit a Personal Injury Claim? appeared first on Boise Personal Injury Attorneys.

But as for how much money you can recover, the sky isn’t the limit. Like many other states, Idaho has statutes that place limits on some types of compensation.

Non-Economic Damage Cap for Idaho Personal Injury Claims

Expenses related to your injury that can be calculated from records and documents are referred to as economic damages.

These may include current and future medical bills, lost wages, lost future earning capacity and damages to property. Compensation for economic damages is not limited by our state’s personal injury laws.

Non-economic damages, however, do have a cap on the amount that can be recovered in a personal injury claim.

These damages — which include pain and suffering and loss of enjoyment of life — are considered subjective, and high awards are believed to strain the overall economy. As such, Idaho has enacted a cap of $250,000 on non-economic damages in injury cases.

Punitive Damage Cap for Idaho Personal Injury Claims

Both economic and non-economic damages are intended to compensate the victim for the injury.

Punitive damages, on the other hand, are intended to punish intentional misconduct and deter the defendant and others from similar actions in the future. These damages are awarded in only a small percentage of injury lawsuits.

In order to obtain punitive damages in Idaho, personal injury claims must prove that the defendant’s conduct was fraudulent, malicious, oppressive or outrageous. And the amount that may be awarded is limited.

State law requires that judgments for punitive damages do not exceed the greater of $250,000 or three times the amount of the compensatory damages.

Collecting Compensation from Multiple Defendants

In most Idaho injury cases, if more than one defendant is found to be at fault, each will be required to pay a percentage of the damages that equals their proportionate liability.

It doesn’t matter if one defendant is more than capable of shouldering the entire amount of the injury claim or if another is nowhere to be found or is penniless. Each will only be legally responsible for his or her share of the award.

With some injury claims, however, joint and several liability applies.

This means that, even if multiple defendants were responsible for the injury, the plaintiff could pursue a claim to recover the entire judgment from any one of the defendants. In Idaho, joint and several liability is limited to cases in which a person acted as an agent of another party, or where multiple parties acted in concert to intentionally or recklessly commit harm.

Have you suffered harm because of someone else’s carelessness or intentional misconduct? The professionals at the Montgomery Dowdle are experienced in recovering the maximum compensation personal injury claims.

Contact our office today to schedule a complimentary consultation for your Idaho personal injury case.

The post Idaho Personal Injury Compensation Limits appeared first on Boise Personal Injury Attorneys.

According to the National Highway Traffic Safety Association (NHTSA), 4,735 pedestrians were killed in accidents with vehicles in 2013, representing 14 percent of all traffic fatalities. Another 66,000 pedestrians were injured in traffic accidents.

What are your risks? And what should you do if you are a pedestrian victim of a car crash?

The High Risk of Pedestrian-Vehicle Accidents

Statistically speaking, male pedestrians are more likely to be injured or killed in vehicle accidents.

In fact, the NHTSA reports that more than 69 percent of pedestrians killed in traffic crashes in 2013 were male.

Collisions involving pedestrians most often occur in urban areas at non-intersection locations. Time of day is also a factor, with most of these accidents occurring after dark. Alcohol use, by the driver and/or pedestrian, also plays a part in many pedestrian-vehicle collisions.

Personal injury claims for those traffic accidents causing harm to pedestrians typically consider the duty of care of both the driver and the pedestrian. Drivers are obligated to exercise reasonable care behind the wheel, while pedestrians have a duty to care for their own safety.

Failure to do either may be considered negligence.

What to Do if You Suffer a Personal Injury

For victims of pedestrian-vehicle accidents, the first step is to take care of your health and safety.

Move away from oncoming traffic, if possible, and seek immediate medical attention. If you or someone with you is able, document everything. Take photos of the accident scene as well as your injuries.

Be sure to keep track of medical bills. It is also important to maintain accurate records regarding lost work and non-economic losses, such as pain, suffering and loss of companionship.

Do not sign any papers with the insurance company until you have spoken with an experienced personal injury attorney.

If you accept a settlement or inadvertently sign any document that limits your rights to file a claim, you will not be able to pursue further compensation should you need additional medical care in the future. Also, never consent to a recorded interview with the insurance adjuster.

If the adjuster is insistent, be sure to have your attorney present to protect your legal rights.

Filing Legal Claims for Pedestrian-Vehicle Accidents

The insurance company may fight your personal injury case, blaming pedestrian negligence for the collision.

Working with an attorney experienced in pedestrian-vehicle accidents can help ensure that you receive fair compensation for your injuries. An injury lawyer is qualified to investigate the scene of the collision and gather evidence to support your claim, which can boost the chances of your case resolving with the best possible outcome.

And since your personal injury attorney will receive payment only when your claim settles, you know he or she will work hard to make sure that you obtain the compensation you deserve.

The experienced personal injury attorneys of the Montgomery Dowdle, serving clients in and around Boise, Idaho, are experienced in working with victims of all types of accidents. Contact us today for a free consultation to discuss the facts of your vehicle accident or personal injury claim.

The post Pedestrian-Vehicle Accidents and Injury Claims appeared first on Boise Personal Injury Attorneys.

Mistakes are all too common when you attempt to wade through this process by yourself, and unfortunately, this can cost you in the form of a reduced settlement amount. In some cases, the court may reject your claim if you miss a critical deadline or make in error in filing legal documents.

Today we would like to discuss some of the most common errors accident victims make in their lawsuits. Avoiding these pitfalls will help you recover the compensation you deserve for your injury.

Misrepresenting Facts in an Injury or Accident Claim

It is important to be accurate when speaking about your injury.

You may have symptoms that change or worsen days after the accident. Make sure you are thorough when reporting symptoms, so that you get the medical attention you require.

But don’t exaggerate or minimize your symptoms, as any discrepancies could be used as a basis for diminishing your settlement or rejecting your claim.

Failing to Follow Treatment Plans for your Accident Injury

Emergency room doctors may instruct you to obtain further treatment from a medical specialist or your regular physician.

Make these appointments in a timely manner, as seeking medical care is essential to both your health and the future of your lawsuit. Follow the recommendations of the doctors you visit, and do not leave any gaps in treatment.

The insurance company could attempt to use actions like missing appointments or failing to obtain continuing medical care as evidence to show that you have recovered or that your injuries are not severe.

Also, if you are advised to wear a medical device such as a neck brace, follow the doctor’s instructions diligently. The same goes for avoiding any activities that your medical team advises against.

Going Without Personal Injury Legal Advice

The insurance adjuster will likely ask you to sign a medical authorization form or other documents, and they may request a recorded statement as well.

Do not consent to either until you have spoken with a personal injury attorney.

After all, the insurance company wants you to settle your claim for as little as possible, and any information you provide could be used against you. A lawyer can ensure that you do not inadvertently sign away your rights and that you do not say or do anything that could negatively affect your claim.

And finally, above all, do not accept an insurance settlement without consulting with an experienced attorney.

In many cases, claimants make the mistake of settling too soon, before they fully understand the extent of their injuries. And, of course, insurance adjusters often make a low settlement offer which only represents a fraction of the compensation you deserve.

By retaining legal representation, you can achieve the best possible outcome from your personal injury claim. The legal team at the Montgomery Dowdle in Boise, Idaho, can make sure that your case is handled the right way from start to finish.

Contact us today for capable, compassionate assistance with your personal injury claim.

The post Personal Injury Claims: Don’t Make These Mistakes appeared first on Boise Personal Injury Attorneys.

When roads are improperly designed or maintained — or when hazards make them unsafe — accidents are more likely to occur. Bad roads not only damage vehicles, but they also can lead to life-threatening injuries for you and your passengers.

The Degrading State of U.S. Roads and Bridges

Bad road conditions are a problem throughout the country, including many areas of Idaho.

A 2014 Federal Highway Administration report revealed that at least 45 percent of the major roads and federal highways in the United States were not in good shape. This means that more than 150,000 miles of our nation’s roads are in need of attention.

In addition to crumbling roads, our country is riddled with unsafe bridges. About 12 percent of our bridges — more than 71,000 in total — are rated as structurally deficient. Even scarier, another 78,000 bridges across the nation are rated as functionally obsolete.

Common Road Issues that Lead to Auto Accidents

Wet or icy road conditions contribute to many auto accidents, particularly when roads lack proper drainage.

Driving over potholes or on uneven roads that need resurfacing also can lead to accidents. But even roads that have been resurfaced can be hazardous, as the temporary and less expensive “oil and chip” method often used can make roads slipperier.

Other accidents occur as a result of poorly designed roads.

Blind curves, shoulder drop-offs, narrow roads and dangerous intersections are common issues. In addition, some roads or freeways may have poorly painted lines or missing signs.

Objects on or near the road, such as improperly placed construction barriers, uncovered water drains and fallen trees or utility poles, also increase the likelihood of accidents.

Determining Fault

Drivers are expected to pay close attention while on the road, always keeping an eye out for potentially poor road conditions.

Consequently, any driver involved in an accident may share in or even shoulder all responsibility for the event. In some cases, however, the individuals and companies tasked with building and maintaining roads may be held liable.

For example, a municipality may be held responsible if adequate measures were not taken to address an intersection or stretch of road with a high accident rate. Or, the engineer who designed the road could be held liable for its dangerous design.

Other defendants, such as road crews or construction companies, may also be named in lawsuits for auto accidents.

A qualified attorney can make sure that fault for an accident is properly assigned and that the correct parties are held liable for any damage and injuries that occur.

If you or a loved one has been involved in an incident related to poor road or bridge conditions, the Montgomery Dowdle can help. Located in Boise, Idaho, we have more than 35 years’ experience in protecting the rights of those injured by the negligence of others.

Contact us today to schedule a free consultation to discuss any matter related to auto accidents and injuries.

The post Auto Accidents Resulting from Bad Road Conditions appeared first on Boise Personal Injury Attorneys.

Bringing a successful case to settlement or a favorable decision in court is a complicated process. Understanding it and recruiting an experienced malpractice attorney will provide you with the greatest chance for success.

Before Filing a Medical Malpractice Claim

If you have been harmed because a doctor or medical professional made an error or was negligent in your treatment, you may have a basis for a claim. However, this doesn’t mean you should rush straight into filing a lawsuit. Claims must be submitted to a pre-litigation screening panel hearing conducted by the Idaho State Board of Medicine, before a suit can be filed. A qualified attorney can help you with this process.

Legal professionals often advise contacting the health care provider first — in many cases, doctors are willing provide solutions and perform services to remedy the problem, sometimes at no charge.

It may also be helpful to contact the medical licensing board.

The board cannot order the health care professional to address or treat your injuries, and it cannot compel an offer of compensation, but the board can issue warnings to or discipline the medical provider and advise you on how to proceed.

This approach is much more likely to produce fruitful results when you have your lawyer reach out on your behalf.

Legal Requirements for Medical Malpractice Claims

Don’t wait too long to carry on with your case, however. Like many other states, Idaho has a statute of limitations for filing medical malpractice claims.

Lawsuits must be filed within two years of either the date your injury occurred, with some very narrowly drawn exceptions.

Medical malpractice claims in Idaho also have another legal requirement. It is necessary to present a claim to a pre-litigation screening panel convened by the state board of medicine before filing the lawsuit.

This involves having another health care professional or expert review the facts of your case, to determine if your injuries were indeed the result of negligence on the part of a medical provider.

A local malpractice attorney will have access to a variety of experts who can assist with the certificate of merit, and if necessary, serve as witnesses in court.

Hire an Experienced Malpractice Attorney

Though many cases are settled out of court, you can’t be sure your rights are protected without an experienced attorney on your side.

Insurance companies often reject medical malpractice claims submitted by unrepresented individuals, or offer lowball settlements. Your lawyer can evaluate your case for strengths and weaknesses, and advise you on your best course of action.

Whether the outcome of your case is a fair compensation offer from the insurance company or a favorable decision in court, a lawyer experienced in medical negligence will be able to get the largest possible settlement for your injuries.

If you have been harmed or injured due to the negligence of a health care professional, contact the Montgomery Dowdle in Boise, Idaho. Our experienced legal team will ensure that you receive the best resolution possible in the case of medical malpractice.

The post Starting Your Medical Malpractice Claim appeared first on Boise Personal Injury Attorneys.

However, medical professionals also can indirectly cause harm to patients. Delayed diagnosis is one of the most common examples of this form of malpractice.

Causes of Delayed Diagnosis

Hospitals are crowded, busy places, and most doctors and nurses are stretched thin. For this reason, some patients do not receive immediate attention.

Oversights are easy to make in this harried environment, and sometimes a physical exam isn’t as thorough as it should be. In other cases, poor documentation may cause the doctor to miss critical factors in the patient’s medical history when making a diagnosis.

In some medical malpractice cases, the proper diagnostic tests (such as an X-ray, MRI or blood test) aren’t ordered or completed in a timely manner.

Delayed diagnosis also occurs when medical professional incorrectly interpret test results, often due to inexperience. In other cases, doctors may not recognize the signs and symptoms of rare conditions, as these may be beyond their scope of expertise.

Risks of Delay in Diagnosis

Many serious health conditions worsen over time, and some have dire consequences if they are not diagnosed in time.

Cancer, if left untreated, can spread to other areas of the body and progress to a point where recovery is unlikely, if not impossible. Heart attacks and strokes also can cause serious damage if patients do not receive prompt care.

Even infections that could be handled easily can cause serious harm or death if they are not identified and treated.

Delayed diagnosis often results in a more complicated treatment regimen, requiring expensive medications, tests and medical care. In some cases, such a delay could lead to death.

Proving a Medical Malpractice Case

Like other medical malpractice cases, the legal claim must prove that a doctor-patient relationship existed and that negligence occurred.

It also must be shown that the doctor did not act as any other reasonably competent medical professional would have, in diagnosing the patient. In delayed diagnosis cases, negligence often boils down to speed, or how quickly other medical professionals would have diagnosed the condition.

Patients or their families also must prove that the negligence caused harm. A medical malpractice claim can be filed to recover compensation for pain and suffering, medical expenses and loss of income or future earning capacity.

If you or a loved one has been harmed by the actions ― or inactions ― of a doctor or other medical professional, it is important to contact an attorney promptly.

In the Boise area, the experienced legal team at the Montgomery Dowdle Law Offices will provide a complimentary consultation to review the facts of your case, and help you establish your medical malpractice claim.

The post Medical Malpractice and Delayed Diagnosis: What Are the Risks? appeared first on Boise Personal Injury Attorneys.

Moving truck rental companies make it easy to get behind the wheel, which is a great benefit when you need a DIY move. In reality, however, these large commercial vehicles are not so easy to operate.

Customers who have never driven any vehicle larger than a minivan may not be adept at handling a large truck. In fact, even those with experience may be at risk if the equipment is outdated or has not been properly maintained.

The Risks of Transportation Accidents

Once filled with furniture and boxes, a rental truck can weigh anywhere from 10,000 to 26,000 pounds.

The weight and length of commercial trucks can contribute to all kinds of accidents. Maintaining control of a vehicle this size can be difficult, particularly in inclement weather or in the event of a tire failure.

And when an accident does occur, damage can be severe. Victims may suffer head and back injuries, broken limbs or ribs, collapsed lungs and other serious trauma. And some rental truck accidents result in fatalities.

Even if no one is seriously injured, large trucks are capable of causing significant property damage.

Safety Concerns with Rental Trucks

In comparison to standard passenger vehicles, rental trucks have a decreased speed capacity, along with an increased braking time. In addition, they have less maneuverability and limited rear visibility.

Some truck accidents may be blamed, at least in part, on these unwieldy vehicles being rented out to drivers who have had no experience in with large commercial vehicles.

More troubling, perhaps, is that many rental trucks that are out on the road today may be overdue for inspections and maintenance. The government does not consider rental trucks commercial vehicles, so the U.S. Department of Transportation does not oversee their safety.

For this reason, some companies are suspected of renting out trucks that have not been properly serviced or maintained. And some companies may be using aging fleets, renting trucks that are well beyond their recommended age and mileage.

Legal Action for Victims of Rental Truck Accidents

When transportation accidents involve rental trucks, the question becomes, “Can the rental company be held liable?” Sometimes this can be a challenge, as most renters are required to sign liability waiver forms to rent.

Legal claims for these accidents may involve proving negligent entrustment. In other words, lawsuits may allege that the rental company knew, or should have known, about the renter’s inexperience or incompetency to operate the vehicle safely, and as a result, should not have allowed them to drive it.

Vehicle safety is also a factor with many legal claims involving truck rentals. In some cases, it can be proven that the rental company has been negligent in maintenance, such as skipping regular safety inspections or renting out vehicles that have outlived their practical use.

Victims who are not at fault in vehicular accidents deserve compensation. If you have suffered injuries in a rental truck accident of any kind, call us to schedule a consultation with our experienced legal team.

The Montgomery Dowdle Law Offices, serving Boise, Idaho, and the neighboring communities, specializes in helping victims negotiate the complex legal processes involved with seeking just compensation for transportation accidents of all kinds.

The post Transportation Accidents and Rental Trucks: What Are Your Rights? appeared first on Boise Personal Injury Attorneys.