Post Falls Car Accident Injury

Bendell Law Firm, PLLC is a car accident injury law firm dedicated to providing quality legal representation to the people of Post Falls and the rest of Kootenai County in Northern Idaho. The Idaho Transportation Department recently released a report indicating that aggressive driving caused 49 percent of vehicle crashes, while 18 percent resulted from distracted driving. Additionally, impaired driving remains a leading cause of serious and fatal injuries in accidents on Idaho’s roads and highways. What’s the common denominator in all these statistics? Each incident involves a driver whose careless, reckless, or negligent actions caused catastrophic or fatal injuries. If you’ve been in a car accident in Post Falls due to someone else’s fault, it’s time to seek assistance from a trusted Car Accident Attorney who can help you obtain the compensation you deserve

If you are one of the more than 12,000 people who is injured in an Idaho car accident each year that wasn’t your fault, you may be able to recover losses for medical bills, lost wages and more through a personal injury lawsuit.

Experienced Post Falls Accident Injury Lawyer

Our Post Falls car accident attorney can help your case: we know that following a car-crash injury, you are likely in pain and worried about how to pay mounting medical bills and household expenses. Some injuries are severe enough to be life-altering; requiring complex medical procedures and the need for ongoing physical and psychological therapy. Injuries that commonly occur as a result of a car accident include:

• Soft tissue injuries: These can range from bruises to sprains (partial tears to the ligament). One of the potentially more serious is whiplash, which is described by the Mayo Clinic as “a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.” It can lead to chronic pain and other complications.
• Broken bones: Commonly sustained broken bones in a car accident include collarbone (clavicle) and sternum fractures; pelvic fractures; and facial bones, including broken noses, cheekbones, and orbital bones (the bony structure around the eye), which may cause disfigurement. Skull (cranial) fractures are among the most dangerous because of the potential for brain damage.
• Burn injuries: A severe burn is among the most painful of all injuries. Skin is the largest organ on the body, responsible for protecting the body from germs and contaminants, while also regulating body temperature. Burns do more than damage the skin, they leave the body open to serious, life-threatening infection.
• Back and neck injuries: Lower back (lumbar) sprains and lumbar spine injuries are common. A National Center for Biotechnology Information (NCBI) study showed that of all enrollees in the study 64.8 percent suffered lumbosacral spine issues from a car accident.
• Brain injuries: Concussions are another common injury in a car crash. Signs and symptoms may not show up immediately. Danger signs include loss of consciousness, loss of balance or coordination, memory loss, increased anxiety or emotional extremes. Traumatic brain injuries (TBI) occur when an outside force disrupts normal brain function and in extreme cases, may lead to coma and an extended vegetative state, or even death.
• Spinal injuries: In extreme cases, a spinal injury can lead to paralysis: monoplegia, which affects only one limb; hemiplegia, in which one side of the body is paralyzed; paraplegia, or paralysis of the lower half of the body; and quadriplegia (or tetraplegia), in which most of the body is paralyzed, including both arms and legs.

After you have been in a car accident, it is just a matter of time before the other party’s insurance adjuster contacts you. A word of advice: Do not talk to them. It is their job to get you to admit some guilt and say things that you may not mean—or that they will either take out of context or twist into something else. Call us at 208-981-0555. Let us do the talking for you. We know how to make sure that your rights are protected, and that you get the justice you deserve.

Post Falls Car Accident Attorney Representing Car Wreck Victims

The legal counsel you choose can make all the difference in getting maximum compensation. Attorney Jim Bendell started his career by representing the other side. He knows the language, he knows the strategy, he knows how insurance companies think. We utilize this “insider knowledge” to navigate the system by anticipating obstacles and employing the best strategies and tactics to win.

It’s critical to know what to do when you have been in an accident; not only for your immediate safety, but also to help with your personal injury claim:

1. Always call the police or 911, especially in the case of injuries that appears to be at least $1,500. The police will investigate the crash and prepare an accident report that includes insurance information and possible witness contacts.
2. Get medical help. Paramedics will treat your injuries on the scene and transport you to the emergency room, if necessary. Take pictures of all your injuries, even the minor cuts and bruises, as they can be a vital part of a claim.
3. Report the accident to your insurance company and send a letter (with a “cc” to your attorney) confirming that you phoned in the accident. If you don’t, your insurer may raise a “late to notify” policy defense.
4. Attend all medical appointments. This isn’t necessary just for your healing process; the insurance companies closely follow your treatments and medical records. Failure to attend all appointments will cause them to ask questions and accuse you of faking your injury.
5. Do not give any information to the other party’s insurer. In spite of what they may say you are not required to give them a statement or any information. Whatever you say, they will attempt to use against you.
6. Contact our skilled Post Falls personal injury lawyer. Jim Bendell is a master negotiator and will always try to get you the best deal without going to court. If negotiations don’t work in your favor, Jim Bendell is a fierce litigator who isn’t afraid to take your case to trial. And the insurance company knows it.

Comparative Negligence in a Post Falls Car Accident Lawsuit

In Idaho, comparative negligence laws apply to car accidents, meaning contributory fault may come into play. Even if it’s evident that the driver who hit you was weaving through traffic and at fault, you may still share some of the blame if you were speeding. The court may determine that the driver’s reckless behavior constituted 90 percent of the liability. However, your speeding could make you 10 percent at fault for the accident. If you’ve been in a car accident, seek the guidance of an experienced Post Falls car accident attorney who can help you understand your legal rights and options.

Comparative negligence doesn’t mean you can’t receive financial compensation, but the other party does need to be more at fault than you are.

Proof Of Negligence In a Post Falls Car Wreck Accident

Negligence is the basis of virtually all car accident lawsuits. It is how liability is established, and it is the liable party who must be held accountable and against whom a lawsuit is filed. The four elements of proof of negligence include:

• Duty of care: Everyone has the duty to act in a manner that is reasonable so as to not cause injury to others.
• Breach of duty: A failure to act with the care that a reasonable person would in the same situation.
• Causation: The defendant’s actions caused your injury.
• Damages: The compensation (the amount of money) that is awarded to an injured person after the accident that the defendant caused by breaching their duty of care.

Documents that support proof of negligence may include traffic violation or speeding tickets, police reports, admissions of negligent or reckless driving, and evidence from the accident scene.

Comparative Negligence in Post Falls, Idaho

50/50 may sound like a good idea when it comes to sharing dessert; but in a car accident personal injury lawsuit, it can mean that you get nothing. In Idaho, comparative negligence means that multiple parties, including the injured person, may have contributed to an auto accident. This is where it gets complicated: If the judge or jury decides that you were 10, 25 or 49 percent at-fault, you would still get a compensation award, it would just be reduced by percentage of your fault. As an example, if the award is for $200,000 but you were deemed to be 25 percent at fault, you would receive $150,000. However, since Idaho is a 50/50 comparative negligence state, if it was deemed that half (50 percent) of the fault was yours, you would receive nothing.

Getting you maximum personal injury compensation means weighing all the evidence. It’s imperative that you contact a Post Falls car wreck lawyer as soon as possible after your accident so we can start building a solid strategy for your case.

Post Falls Personal Injury Claims

Whether the injury occurred as the result of another party’s negligence in a car accident, a slip and fall, or a dog bite, the lawsuit is for personal injury. In a personal injury lawsuit, you are said to be seeking “damages,” which are the losses you have suffered.

Types Of Losses

We pursue damages for both economic and non-economic losses to maximize your compensation. Economic losses are for out-of-pocket expenses, such as:

• Medical bills
• Loss of wages; both current and future
• Domestic services
• In the case of wrongful death of a loved one, funeral expenses

Non-economic losses are not tangible and as such, can be difficult to calculate. Some injuries are considered to be “emotional trauma.” Post-traumatic stress disorder, or PTSD, is an example of a non-economic loss as it may impact the ability to hold a job or maintain a relationship. Non-economic losses include:

• Pain and suffering
• Mental anguish
• Disability or disfigurement caused by the accident injury
• Loss of consortium
• Child’s/children’s loss of parental care and guidance

Let Our Post Falls Car Accident Lawyer Get You The Compensation You Deserve

If you have been injured in a car accident in Post Falls, Coeur d’Alene, or anywhere in Idaho or the Spokane area, contact Bendell Law Firm as soon as possible for a free consultation. We know what it takes to win and get you full and fair compensation for your injuries. To schedule a time to discuss your case and your needs, call us at (208) 981-0555 or complete and return our free injury claim valuation form.

• How is fault determined?
  • Evidence and witnesses are the keys to determining fault in a car accident. Sometimes, a traffic camera catches the accident or any preceding events. The police report contains vital information. Lastly, physical evidence that can point to the party at fault could include skid marks, paint traces left on cars, and even the position of the vehicles can provide evidence of fault.