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What is Full Insurance Coverage for my Car or Motorcycle?

Posted by James Bendell | Jul 11, 2020 | 0 Comments

When I have my first meeting with a new personal injury client, one of the first things I do is ask about their insurance coverage and the insurance coverage of the at-fault driver. There is No Such Thing as Full Coverage Very often, the clients will say, “don't worry I have full coverage.” Her...

One of the Most Common Motorcycle Accidents

Posted by James Bendell | Jun 20, 2020 | 0 Comments

Recently I handled a Kootenai County motorcycle death case which involved one of the most common types of motorcycle accidents; namely, when a car turns left in front of a person driving the motorcycle. The general category of the cause of the crash is that the car driver is looking for the absen...

Settlement vs. Trial

Posted by James Bendell | May 26, 2020 | 0 Comments

The fact that a lawsuit has been filed in Kootenai County, or elsewhere in Idaho, usually means that attempts at settlement have been fruitless. Nevertheless, the settlement option will continue to reappear during the course of the pretrial process, and even during trial. Sometimes a lawsuit is ...

Choosing a Personal Representative for Your Will

Posted by James Bendell | May 20, 2020 | 0 Comments

When working with an attorney to prepare a Will, most people will spend a great deal of time thinking about which family members they wish to leave their property to, but very little time thinking about who will be the Personal Representative of their estate upon their death. In Kootenai County ...

Traps in Lawsuits Against Idaho Government Entities

Posted by James Bendell | May 19, 2020 | 0 Comments

The general statute of limitations for negligence cases in Idaho is two years, as of this writing (May, 2020). This is the statute of limitations that would apply to car accidents, slip and fall cases, negligent supervision of children, and many other types of injuries that result from the carele...

Overcoming Policy Limits in Negligence Lawsuits

Posted by James Bendell | May 18, 2020 | 0 Comments

One of the most tragic scenarios that can arise in serious motor vehicle collisions in Kootenai County and elsewhere in Idaho, is where the insurance policy of the at-fault driver is too small to cover the damages of the injured Plaintiff. At the time of this writing (May, 2020), Idaho law only ...

Will Idaho Be Deluged with Covid-19 Lawsuits?

Posted by James Bendell | May 14, 2020 | 0 Comments

In the wake of the Covid-19 pandemic, will Kootenai County and other Idaho counties see a flood of litigation stemming from physical or economic harm caused by the virus? In the case of Archer v. Carnival Corporation et al, filed in the Northern District of California, passengers of the cruise s...

DEALING WITH PRETRIAL ‘DISCOVERY’

Posted by James Bendell | May 13, 2020 | 0 Comments

Prior to 1954, lawsuits generally were commenced, and then went to trial some months later, without a lot of interaction between the attorneys. The problem with this format is that it led to “trial by ambush.” That is, the attorneys on both sides of the case really didn't know what the opposing s...

NON-COMPETITION AGREEMENTS IN IDAHO

Posted by James Bendell | May 11, 2020 | 0 Comments

When an employer hires a new employee, it is often customary to require an important or key employee to sign a non-competition clause. These clauses take many forms, but they are generally designed to prevent the employee from leaving the firm and starting a competing firm, and utilizing the skil...

What Happens When a Person Dies Without a Will?

Posted by James Bendell | May 07, 2020 | 0 Comments

A prudent person or married couple will go to an attorney to have a Will drafted so that their property goes to the people they intend after their death. However, it is very common for people to postpone having a Will drafted because the subject of death is naturally unpleasant. It is therefore c...

Mild Traumatic Brain Injuries are not Mild

Posted by James Bendell | May 07, 2020 | 0 Comments

Patients in Kootenai County who have sustained a head injury in a car crash or other accident are often diagnosed with having sustained a “mild traumatic brain injury.” This diagnoses may exist even in the absence of any break in the skull (sometimes called a ‘closed head injury'). However this ...

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