Idaho, with its scenic beauty can be a trick place to drive. The state records nearly 300 fatalities, and over 1,000 severe injury cases each year. Furthermore, with its mountains, and the road curves that go along with it, it can result in several small injury cases. If you have been a victim of such a collision, be sure to call an Idaho Car Accident Attorney. If your accident was minor, going to a small court can also save you considerable legal hassle. You will need to keep 3 things below in mind before filing for a small claims court.
You can file for compensation in cases, where you can prove that the other driver has acted in a negligent manner. Furthermore, Idaho’s legal framework is based on comparative negligence. This means, your ability to recover dues depends on your comparative fault as compared to the other driver. For example, if you have suffered $10,000 in damages, and the jury finds you guilty for 40% of the fault, you will receive $6,000 in compensation. However, keep in mind that in small claim courts, injury, and property damage compensation is limited to $4,000. While this does exclude legal expenses, it only works when your car has received minor damage like a dent.
Small claims court essentially offer quick retribution in matters, which have not resulted in grave personal injury and damage to both parties. Hence, you are expected to represent yourself in small claim court cases. However, in such matters, you can consult an attorney before, and after the trial. This can be handy for businesses who are being sued for damages on behalf of their employees. As business owners, your employees can also represent themselves in such cases.
As mentioned earlier, small claims are designed to deliver quick retribution in minor accident incidences. Hence, these court cases can also be filled online, as well, as requests to reschedule trial. Furthermore, you can also ask the court to change the venue with an online request. The amount of freedom to responsibility is important to note here.
Small claim cases can be ideal, if both parties understand that the error was genuine, and they need a third party to decide on the rightful amount. These court cases can be resolved quickly, and save both parties, the mental stress, and valuable time needed. If your injury and damage is worth far more than $4000, be sure to call a local Idaho car accident attorney.