Most personal injury lawsuits arise out of direct physical harm suffered by a person.  However, in extreme circumstances, Idaho law also allows recovery of money damages for persons who sustain emotional damages as a result of very cruel behavior. To recover for intentional infliction of emotional distress, a plaintiff must show that (1) the defendant’s […]

People are often injured due to the negligence of other persons.  The person who commits negligence is liable to pay money damages to the victim who sustained injury.  In some cases, the negligence committed by one person may be attributable to another person, corporation or other legal entity.  This is known as ‘vicarious liability.’For example,

People who have been injured due to the carelessness or negligence of others frequently do not have the luxury of waiting indefinitely for their personal injury case to settle.  Insurance adjusters know this, and frequently use time as leverage against injured persons.  The passage of time allows insurance companies to earn large profits on the

Although most personal injury cases settle before trial, an attorney representing an injured person must prepare as if the case will definitely go to trial.  Why?  Two reasons: 1.      It is impossible to know which cases will settle before trial and which will not. 2.      If the attorney does not demonstrate seriousness in properly preparing

When representing Idaho personal injury clients, my meetings with them eventually turn to the subject of a fair assessment of the reasonable settlement value of their case.  During those discussions the topic of the infamous McDonald’s hot coffee case comes up.  “After all,” the client may ask, “if an old lady can get $3 million

A recent article in The Atlantic magazine described a growth industry in lawsuits being filed against college fraternities, seeking money damages for injuries sustained by fraternity members or their guests.  Since 2005, more than 60 people, mostly students, have died in fraternity related incidents.Here are some examples of cases brought against fraternities: Case No. 1 —  The

A recent Idaho Supreme Court case illustrates the great jury resistance to finding doctors at fault in medical malpractice lawsuits.  Here are the facts as reported in the case of Blizzard vs. Lundeby: On January 5, 2008, Rick Blizzard went to Kootenai Medical Center for lower abdominal pain. At the time, Dr. Lundeby was on-call

Being struck by a golf ball can be extremely painful and can cause serious injury.  There are a number of documented fatality cases arising out of a golf ball striking someone in the head.Does that mean that a person struck by a golf ball can file a lawsuit against the person who hit the ball?  In most

Most lawsuits alleging damages from injuries arise out of physical injuries. However, Idaho law also allows the recovery of money damages for the infliction of emotion distress under certain circumstances. The doctrine was reaffirmed in the November, 2013 Idaho Supreme Court decision of Frogley vs. Meridian Joint School District. On January 15, 2009, Wade Frogley

The spouse of a person seriously injured due to the negligence of person or business is entitled to damages for ‘loss of consortium.’ This form of damages is designed to compensate the spouse of an injured person for the loss of past and future intangibles such as love, sex, companionship, society, comfort, solace and for