How Much is My Personal Injury Worth - Boise Personal Injury Lawyers - (208) 472-2383

How Much is a Personal Injury Worth in Idaho?

As a Boise Personal Injury Attorney I get frequent questions from people wanting to know how much there injury is worth.  What kind of settlement can I get for my personal injury?  As with all legal issues, there is no cut and dry answer.  There are several factors, however, to keep in mind when trying to quantify how much your injury is worth.

Types of Damages in Personal Injury Cases

You might hear a personal injury lawyer speak about compensatory damages.  These are damages award to compensate a person for their injury.  Compensatory damages include special damages, general damages and potentially punitive damages.

Special Damages

Most attorneys will start with identifying something known as special damages.  These are fairly easy to identify because they include actual expenses including things like medical bills, prescription costs, lost wages, durable medical goods, such as crutches and the like.     

It is important if you have suffered a personal injury to keep a good record of these expenses because the extent of your injury can be manifest in your medical bills, though not always.  At any rate, you will need to be able to identify the cost of your injuries.  If you have been injured and you never go to the doctor, you lose evidence of your injury and you have no evidence to prove your damages.

General Damages

Another type of damage personal injury attorneys look at is general damages which are non-quantifiable damages such as pain and suffering, loss of enjoyment of life and loss of consortium.  While special damages are easy to quantify, these general damages are less easy to identify.  For example, how much is the pain and suffering associated with a broken back?  In order to value the non-quantifiable damage, it is important to look at the extent of the medical bills because they can indicate the severity of the injury, though not always.  It is also important to look at the circumstances of injury.  For example, if you have two automobile accidents that are similar in nature, you may end up with two widely varying damage awards based upon the circumstances of the situation.  If you have a rear end accident that is caused by a 75 year old woman driving in the rain and she hits you and is cited for following too closely and going too fast for the conditions outside vs. you have a rear end accident caused by a 25 year old intoxicated male who is cited for DUI, you may end up with a different award amount because of the surrounding circumstances of the case.   

In regard to types of general damages, I often am asked, “what is loss of consortium?”  Consortium is your relationship with your spouse, your children or society in general.  Consortium with your child means your relationship and how you related.  Your closeness as parent and child.  Loss of consortium with a spouse includes your relationship but also your sexual relationship.  If you injury caused you to lose that closeness or sexual intimacy with your spouse, you have a loss of consortium.  If you no longer have a sexual relationship or you sought a divorce after the accident because of the loss of consortium, this emotional for of injury is often a recoverable damage. 

Another factor that can affect the amount of damages awarded is the condition of the plaintiff.  For example, an older person will generally take longer to heal than a young person.  Pain and suffering will associated with a paralyzation will affect a younger person for a longer duration than an older person and therefore the award for that loss will be more.  A scar on the face of a young woman will be valued at a greater degree than a leg scar on a same aged male because of what our society values as beauty.

One other interesting fact about personal injury is that you can recover general damages for yourself but also for those close to you who witness or are affected by your injury.  For example, if your child witnesses your accident, they may have emotional damages associated with witnessing that.  If your spouse is shown your an x-ray of your neck after a catastrophic neck injury, this can cause emotional harm directly related to the injury.  Even if you have had a divorce, if your ex-spouse witnesses your accident, that distress may be a compensated claim in regard to both parties.

Punitive Damages

Punitive damages are not routinely awarded.  They are given when it can be shown that the defendant acted extremely irresponsibly.  They might economically benefit from a defective product and continue to do so after they are aware of the harm.  Punitive damages are awarded to discourage others from doing the same type of thing and to penalize the party who caused the harm.

The above discussion just goes to show how and why there is no cut and dry answer about how much your injury is worth.  If you have been injured and need to speak to a Boise Personal Injury Attorney, please give us a call, (208) 472-2383,  and see what we can do for you.  You will be glad you did.

Boise Family Law and Divorce Attorneys - 208-472-2383 - Irreconcilable Differences

Divorce in Idaho
As a Boise Divorce Attorney I often have clients who are very upset concerning a marital situation.  So upset, in fact, that they are seeking divorce.  They often want to file for divorce on certain grounds such as adultery.  But what if you don't have any such grounds?  Idaho is an "irreconcilable differences" state.  But what exactly does that mean?

Irreconcilable Differences
Many many years ago, most states were "for cause" divorce states.  What this meant was you had to prove the grounds for your divorce.  For example, if you claimed you were seeking divorce on the grounds of adultery, you would have to prove that your spouse, in fact, committed adultery.

As time went on the legislatures of the various states, including Idaho, decided that sometimes there wasn't just one identifiable reason why you would want to get a divorce.  They realized that there wasn't a big issue like adultery or habitual intemperance or the like.  Irreconcilable difference takes just that into account.  You don't have to give a reason why you want to get a divorce.

Irreconcilable differences allows you to get divorced without proving a case.  You simply tell the court that basically you no longer get along or you no longer want to be married to the other person.

Other Grounds for Divorce
Does that mean that you can't file for divorce on the grounds of adultery in Idaho?  Absolutely not.  Idaho still has grounds for cause laws articulated by statute.  Adultery, extreme cruelty, willful desertion, willful neglect and habitual intemperance are all for cause grounds for divorce.

If you have found yourself in one of these situations you can file for divorce on those grounds.  You will, however, have to be prepared to prove the proper elements of each case.  However, if you go this route you will want to also plead irreconcilable differences in the alternative just in case you are not able to prove the grounds you have plead.

If you are seeking a divorce and need to speak to a Boise Divorce Attorney, please call our office at 208-472-2383 and see what we can do for you.  You will be glad you did.

Boise Divorce Attorney 208-472-2383 Child Custody

Across State Lines
As a Boise Divorce Attorney I regularly get calls from individuals who are in the middle of divorce and/or a custody battle.  I field all sorts of questions, but probably one of the top ten questions involves taking children out of state before, after or during a divorce.

Can I Take My Child Out of State?
Whether you can take your child out of state during, before or after a divorce depends in large part on what stage of the process you are in and what an order of the court says about it to you in your particular case. For example, if you are separated and have not even approached the court with divorce papers, you can leave the state of Idaho with your child without any court restraint, just like you could if you and your spouse were still together.  However, that doesn't necessarily mean that it is a great idea to up and leave the state without permission or knowledge of the other parent.  Inevitably, the other party may try to use that against you in a child custody determination and a judge may look at it as a lapse of judgement on your part.

If you have filed divorce papers or have been served divorce papers there will be included in that an order of the court which prohibits you from leaving the state of Idaho with your child for more than 48 hours if you don't have written permission of the other parent.  This joint preliminary injunction also prohibits you from doing other things like squandering community income or destroying community property.

Once your divorce is final you may have the right to leave the state during your periods of custody unless otherwise forbidden by the court and so long as the child is returned to the state in order to effect the other party's exercise of custody or for the child to be present at necessary specific times such as to attend school.

What if I Have a Job in Another State?
Leaving Idaho for gainful employment may be an allowable reason for you to leave the state with your child. However, the above stated rules will still apply.  If you are in the midst of a divorce, you will have to get the ok from the other parent.  If you have already gotten a divorce you may move wherever you want.  One caveat in that regard, however.  If you move with your child, that move must not negatively impact the child or the other parent's visitation and if it does, the other party can motion to modify the child custody decree. And, as stated above, if you haven't filed yet, you can go where you want but remember how the court will look at your move particularly if you move without informing the other parent (which you never want to do because you could face parental kidnapping charges) or getting their permission; even if you have what seems like a justifiable reason such as a new job or neglect or abuse by the other parent.  Also, if you move because of a job, always ask yourself if you could have gotten a comparable job in Idaho where you already live.  Is it necessary for you to leave the state?

If you are seeking a divorce and need to speak to a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you.  You will be glad you did.

Boise Bankruptcy Attorney - Chapter 7 and Chapter 13 - 208-472-2383

Bankruptcy and the Means Test

While filing for bankruptcy is not overly difficult, there are a number of important things to keep in mind.  Before you can file you must run what is known as the “means test”.  The means test determines which chapter of bankruptcy you will file under.  

The means test looks at your income.  If you exceed a statutory threshold you are forced to file a Chapter 13 bankruptcy.  However, if after running the initial income test your income exceed the “means”, you aren’t necessarily out of luck.  The means test also looks at certain expenses that will potentially reduce your countable income.

The means test is several pages long, but it, in and of itself, should not be intimidating.  After you go through the first several questions, you will know if your income is too great to file for Chapter 7 bankruptcy.  If your income is not above the statutory level you need go no further.

Bankruptcy and Military Service

There are some interesting exceptions in the means test as well.  For example, if you are an active member of the military and you incurred the majority of your debt while on active duty, you qualify for a Chapter 7 automatically.  There are also exceptions for members of the Guard.

Chapter 13

If you don’t qualify for a Chapter 7 Bankruptcy you can explore a Chapter 13.  Some people are concerned about going that route because they want all their debts discharged.  However, a Chapter 13 might actually work better in some cases.  In it you reaffirm debts and create a repayment plan.  It allows you to save your house and other items if you reaffirm.  And while not all of your debts are discharged if they are unsecured they will be.

Another consideration about filing out the means test is family size.  The more people in your family, the greater the income you can have and stay within the means.  Obviously, you would count your spouse and your children.  This can get tricky if you are in the process of divorce, or you have already gone through a divorce.  Can you count the kids if you only have shared custody?  What if you are engaged to be married?  Do you consider your fiancé part of your household?  These are all questions your Boise Bankruptcy Attorney can discuss with you to help you decide which bankruptcy route is best for you.

If you want to speak to an affordable and experienced Boise Bankruptcy Attorney, please give us a call at 208-472-2383.  You will be glad you did.

Boise Divorce Attorney - 208-472-2383 - Child Custody Across State Lines

Child Custody Issues
Child Custody is a major issue involved in divorce law in Idaho.  As a Boise Divorce Attorney I see a range of child custody issues.  These issues range from which parent will have primary physical custody to whether Idaho can exercise jurisdiction over a child who is not living in the state of Idaho.

Child Custody Across State Lines
The custody of children who don't live in Idaho is regulated by the Uniform Child Custody Jurisdiction Act.  This is a law that has been adopted by all 50 states.  It looks at several factors to determine whether a state can exercise jurisdiction over a child who does not live in a particular state.

There are three basic scenarios that I see regularly.  Firstly, when a child has lived in Idaho and it is their home state.  One parent moves out of state with the child.  The parent who remained in Idaho can assert that Idaho has jurisdiction over the child and therefore Idaho should hear the custody case.  The second situation is when a family has resided in a state other than Idaho.  They move to Idaho as a family.  After a short period of time one parent moves back to the original state where the family lived.  This is a tougher situation.  The question Idaho has to address is, "had Idaho become the child's home state?"  To determine this, a court will look at relationships to the state.  If the child wasn't "established" in Idaho (school, doctor, friends, family, relationships) then Idaho will have a difficult time establishing jurisdiction and the other state may assert it's jurisdiction over the child.  The third situation results in complete lack of jurisdiction in Idaho.  If a child has never lived in Idaho but a parent does, that parent cannot ask Idaho to establish custody there.  They must return to the child's home state.

In all these situations, you can seek a divorce in Idaho if you have lived here for a period of time greater than six weeks.  However, even though Idaho will grant you a divorce the Idaho court may "bifurcate" your case.  That means that if your property is not located here and/or your children are not located here, the court will not hear that portion of your divorce.  Often people who need to get divorced fast, say to get remarried, choose this option.

If you are seeking a divorce or child custody and need to speak to a Boise Divorce Attorney, give us a call, 208-472-2383.  You will be glad you did.

Boise Divorce Attorney - 208-472-2383 - Enforcing a Child Custody Visitation Schedule

Child Custody Visitation
As the 4th of July approaches, I, like numerous other Boise Divorce Attorneys, are getting frantic calls about enforcing the holiday visitation schedule.  Without fail, these individuals are worried that the other parent won't honor the visitation order and they won't get their holiday visitation.  What can be done?

There are different approaches to enforcing a child custody visitation schedule.  There are two different approaches that I want to focus on today.  The first is by involving law enforcement.  The second is involving the court.  What are the pros and cons of each?

Law Enforcement

It is always important to keep your court ordered visitation schedule with you when you are picking up and dropping off your child.  If you have agreed to meet at a particular location for regular drop off and pick up, it is also very important to have that information in hand.  Say for example, you are supposed to meet your child's other parent at the Albertson's parking lot on Fairview.  You arrive on the 4th of July at the designated time and the parent fails to show up.  If you have your visitation schedule with you and you know where the other party is, you can call the police.  Once you have shown them your order and where you were supposed to meet, the police can intervene.  Of course, this is predicated on you knowing where the other party is.

Contempt

Contempt is a process where you go before the Court.  You show the Court that the other party is in violation of the court order and you ask the Judge to punish the other party for intentionally disregarding the order.  Contempt can carry some severe penalties which the Judge may or may not impose on the other party, such as jail time or a fine. The remedy of Contempt takes time because you need to motion the Court and come before the Judge to present evidence.

Pros and Cons

Obviously, involving the police can be a faster remedy.  It, however, isn't always possible, especially if you don't know where the other party or the child is.  You also may end up with an officer who is hesitant to help you enforce your order.  The option of Contempt is slower but it may have longer lasting effects.  Judges do not like it when people disregard their orders.  If a party upsets a Judge by disobeying their order, that party will know that the Judge won't put up with further shenanigans.

Hopefully, your 4th of July and all your holiday visitations will transpire smoothly and without incident.  If, however, you find yourself in need of a Boise Divorce Attorney to help you with your custody, visitation or modification issues, please give us a call, 208-472-2383.  You will be glad you did.

Boise Divorce Attorney (208) 472-2383 Custody Agreements

Parenting Plan and Custody Agreements
Boise Divorce Attorneys will tell you that most judges prefer that a divorcing couple come to an agreement as to what their custody arrangement will be, rather than making the decision for them.  Judges know that each couple knows their family dynamics best.  They know how their family works.  No two families are alike so there cannot simply be one parenting plan and one custody arrangement.  Custody isn't a one size fits all proposition.

How are Parenting Plans and Custody Agreements Decided Upon?
After filing for divorce, serving the complaint upon the other party and after the defendant's response is filed, one of the first things that divorce attorneys do is see what issues can be worked out.  If the parties already have in mind a custody arrangement that will work for them or is working for them, they can reduce that agreement to writing, establish temporary orders along those lines and eventually have the agreement signed and incorporated into the final divorce decree by the judge.

Unfortunately, in the real world it is not always that easy.  Often the emotions of divorce get in the way and the process is clouded by hurt feelings or feelings of mistrust or anger.  If the parties cannot agree as to how custody will be split or how they will parent during the interim, the judge in a divorce case will send them to mediation.  The aim of mediation is to help the parties work out a parenting arrangement that will work best for them.  The court has approved mediators from whom it will accept mediation agreements.  The parties will be asked to use their best effort to work out an agreement that will work for them.

What Happens When You Can't Agree?
If you make a good faith effort in mediation but cannot come to an agreement, the judge will make the decision for you.  The judge will look at the situation and use a set of statutory criteria to decide what is in the best interest of the child.  Once this is done, this will be your custody arrangement, whether you like it or not.  That is why it is critical to use your best effort to come up with an mutually acceptable agreement with the other parent.

Will the Judge Always Accept Your Parenting Agreement?

For the most part, if you come up with a mutually agreeable parenting arrangement, the judge will accept it and sign it, making it a part of the final decree.  There are, however, situations where a judge will absolutely not sign the agreement.  By statute, all custody arrangements must be in the best interest of the child.  If a judge looks at your agreement and determines that it does not fit the criteria, he or she can and will make you either voluntarily change the agreement, or will make the decision for you based upon the criteria that make up the best interest of the child. 

Perhaps the most frequent time this occurs is when you have extended absences away from each parent.  For example, judges frown on arrangements where a very young child lives for an entire year with one parent and then switches the next year to the other parent.  Part of being is in the best interest of child includes frequent and regular contact with both parents.

If you are seeking a divorce or need to speak to a Boise Divorce Attorney, please give us a call, (208) 472-2383, and see what we can do for you.