Navigating a back injury case in Idaho requires more than just demonstrating the existence of an injury. It also requires proving negligence, a crucial element in personal injury claims in Idaho. In this article, we’ll discuss the key points of proving negligence that are critical to making a successful case, including evidence collection and expert testimony. When you need an accident injury attorney who will fight for your rights, you can depend on our law firm for the help you need.
What is Negligence?
Negligence occurs when an individual fails to exercise reasonable care, resulting in harm or injury to another person, you, the victim. It’s important to note that Idaho follows the comparative negligence standard which may impact the extent of your financial recovery. Generally, comparative negligence holds that you must be less than 50% responsible for the injuries you suffered, so that you are able to recover for the pain and suffering you’ve endured, in proportion to your own responsibility for your injury. The concept of comparative negligence will be discussed in more detail in a later blog post, so stay tuned.
How to Prove Another’s Actions Were Negligent
Proving negligence requires that you prove that the person who caused your back injury, (1) had a legal duty to act reasonably to ensure your safety, and (2) that they failed in that duty to act reasonably to keep you safe. Typically, this means providing a safe physical environment, free of dangerous conditions, like making sure a store or office floor is dry and clean (not slippery triggering a fall) or obeying traffic laws, like stopping at the red light, or waiting to turn until he/she had the right of way, etc. You must also prove that your back injury directly resulted from the breach of duty to keep you safe. In other words, you wouldn’t have been hurt if not for the failure of someone to act reasonably or provide a safe environment.
Documenting Your Damages
Once you’ve proved negligence, it’s time to document the damage you’ve suffered from the defendant’s actions (or failure to take action). In Idaho, these may include your physical back injury, any related medical expenses, lost wages, pain and suffering, and other losses incurred due to the back injury.
Evidence that supports your case runs the gamut from medical records, to accident reports, eyewitness statements and medical expert testimony, if necessary.
Detailed medical records documenting the nature and extent of your back injury, as well as the treatment received, are crucial evidence in establishing the severity of the injury and its continuing impact on your daily life.
If a car accident, or a slip and fall out in a public place like a store or a movie theater, was the cause of your back injury, then accident/incident reports and/or police reports can be crucial in establishing the circumstances that directly caused or contributed to your initial back injury.
Statements from eyewitnesses, people who were there when you got hurt and saw what happened, can be especially helpful in describing the events that led to your injury and the conditions that may have contributed to you getting hurt.
Additional testimony from medical experts or accident reconstruction experts can provide specialized knowledge and opinions to support your claims. In back injury cases, medical experts may offer insights into the cause of the injury, its severity, your prognosis and your potential for a partial or complete recovery. In addition, medical experts can be called upon to offer opinions on causation, the specific role the defendant’s actions, or his/her failure to act played in directly causing your injury.
Economic experts can assess the long-term effects of the back injury and estimate your future medical expenses, rehabilitation needs, and any permanent impairments or disabilities that you may suffer as a subsequent result of the injury.
Proving negligence in a back injury case requires meticulous preparation, strategic planning, and the expertise we offer here at Gariepy Law Offices. When you need an accident injury attorney who will fight for your rights, you can depend on our law firm for the help you need. Our law firm has been a trusted member of the community for over 30 years.
Schedule a Consultation with an Idaho Accident Injury Attorney
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