Is There a Maximum Compensation Rate for Car Accident Claims in Idaho?
When you are injured in a car accident that is not your fault, you expect to receive compensation for your damages. You don’t expect the court to tell you that you cannot receive enough money to compensate you fully for your losses. However, that may happen to you depending on the facts in your case.
Under Idaho law, you have the right to receive full compensation for your economic damages if you are not at fault for any portion of the collision. Unfortunately, you are not entitled to full compensation for non-economic damages. Section 6-1603 of the Idaho Code places a cap on compensation for non-economic damages. The maximum amount you can receive for this these damage is $250,000. Punitive damages in a personal injury case are also capped at $250,000 or three times the amount of compensatory damages, whichever is greater.
If Compensation is Capped, How Can You Help Me?
There may be a cap on some damages, but there is not a cap on actual or economic damages. Furthermore, you want to maximize all damages up to the caps. Our Idaho car accident attorneys have two priorities — protecting your best interest and maximizing your compensation. We understand how to use the evidence in your case to get the highest amount allowable by law for your accident claim.
What Are Non-Economic Damages?
Non-economic damages are more commonly referred to as pain and suffering damages. Pain and suffering damages are intended to compensate you for your:
- Physical pain
- Emotional suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship, love, and support
- Permanent physical disability
- Scarring and disfigurement
The judicial system cannot undo the damage done by the accident, and it cannot take away your pain and suffering. However, it can offer monetary compensation for these damages. The law simply places the $250,000 cap on the damages.
What are Punitive Damages?
Economic damages are intended to reimburse you for your out of pocket losses such as medical bills, lost wages, and property damage. As explained above, non-financial damages compensate you for your pain and suffering. Punitive damages “punish” the “wrongdoer” for grossly negligent acts. This type of damage is not available in all car accident cases. The defendant’s conduct must rise to a certain level of negligence before the court orders punitive damages. If the court finds you should receive this type of damage for your claim, the most you can receive is the greater of $250,000 or three times the amount of compensatory damages.
How Much Will I Receive for My Car Accident Claim?
The amount you receive for your injury claim depends on several factors. Common factors that influence the amount of damages awarded in a case include:
- The type and severity of your injury
- The length of time for recovery
- The amount of your actual out-of-pocket expenses
- Whether you suffer a permanent injury such as a physical disability or disfigurement
- Whether the conduct of the defendant rises to the level to qualify for punitive damages
Each case is different. The key is to use the available evidence to build a persuasive case for fault, and a compelling case for the maximum amount of money for non-economic damages.