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Non-Economic Cap For Recovery in Injury Claims

Shep Law Group Jan. 24, 2024

A personal injury can disrupt your life. The physical pain and emotional distress can be overwhelming. You're not alone in this journey. At Shep Law Group, we're here to guide you through your claim and figure out the non-economic damages in your injury claim. 

Non-economic damages are intangible losses that don't have a direct monetary value. They include pain and suffering, emotional distress, loss of companionship, and diminished quality of life. Unlike economic damages such as medical bills and lost wages, quantifying non-economic damages can be challenging. But don't worry, our experienced attorneys are adept at navigating these complexities. 

The Non-Economic Cap in Idaho 

In Idaho, the law imposes a cap on non-economic damages in personal injury cases. This means there's a limit to what you can recover for your non-economic losses. But what does this mean for you? And how does it affect your claim? 

As of 2021, the cap is set at $386,622. However, this figure is subject to change every year due to inflation. It's crucial to understand that this cap applies per person and per occurrence. This means if you're injured in an accident involving multiple parties, each party may be eligible for up to the cap amount. 

That said, there are exceptions to this cap. For instance, the cap doesn't apply in cases of willful or reckless misconduct. Our dedicated team at Shep Law Group can help you understand these nuances and strategize your claim accordingly. 

Navigating the Claims Process 

The claims process can feel daunting, but you don't have to face it alone. We're committed to standing with you every step of the way. From gathering evidence to negotiating with insurance companies, we've got your back. 

When it comes to non-economic damages, the key lies in effectively demonstrating the extent of your suffering. This can involve presenting medical records, testimonies from mental health professionals, and even personal diaries documenting your daily struggles. 

Remember, while the law sets a cap on non-economic damages, this doesn't mean you should settle for less. We'll tirelessly advocate for your rights to ensure you receive the maximum compensation you deserve. 

Here is a detailed breakdown of the claims process: 

  1. Incident Reporting: Immediately after the accident, it's essential to report to the authorities and document the incident. This could involve filing a police report or an incident report if the accident happened at work. 

  2. Seek Medical Attention: Even if your injuries seem minor initially, it's important to get medical help as soon as possible. The medical records will serve as vital evidence in your claim. 

  3. Hire a Personal Injury Attorney: Engage the services of a competent attorney who specializes in personal injury cases. They can help determine the value of your claim, including non-economic damages, and guide you through the entire claims process. 

  4. Gathering Evidence: This includes collecting medical records, accident reports, witness testimonies, and any other information related to the accident and your injuries. 

  5. Filing the Claim: Your attorney will help in preparing and filing the claim with the appropriate insurance company. 

  6. Negotiations: Your attorney will negotiate with the insurance company on your behalf. If they offer a settlement, your attorney will discuss whether it's in your best interest to accept or continue negotiating. 

  7. Litigation: If a fair settlement cannot be reached, your case may go to court. Your attorney will present your case, aiming to prove the defendant's liability and the extent of your damages. 

Remember, each case is unique, and the process may differ based on the specific circumstances surrounding your injury. At Shep Law Group, we're here to guide you through each step, ensuring you understand the process and are empowered to make informed decisions. 

Frequently Asked Questions About Non-Economic Caps in Personal Injury Claims 

Q1: Are non-economic damages awarded in all personal injury cases?  

A: Not always. Non-economic damages are only awarded if the injury has caused significant pain, suffering, or emotional distress that can be demonstrated in court. 

Q2: If I have multiple injuries from the same incident, does the cap apply to each injury separately?  

A: No, the cap applies per person and per occurrence, not per individual injury. 

Q3: How often is the cap adjusted for inflation?  

A: The cap is adjusted annually to account for inflation. 

Q4: Are there different caps for different types of personal injury cases?  

A: No, the same cap applies to all types of personal injury cases, unless an exception applies, such as in cases of willful or reckless misconduct. 

Q5: If my case involves a minor, does the cap still apply?  

A: Yes, the cap applies regardless of the age of the plaintiff. However, the court may consider the age and life expectancy of the plaintiff in determining the amount of non-economic damages. 

Q6: Will the cap affect the amount I receive for economic damages?  

A: No, the cap only applies to non-economic damages. It does not affect economic damages, which cover quantifiable losses like medical bills and lost wages. 

The Shep Law Group Advantage 

With offices in Boise and Meridian, and serving clients across Ada County and Canyon County, we have an intimate understanding of Idaho's legal landscape. Our attorneys are not just seasoned professionals, they're also compassionate individuals who genuinely care about your well-being. 

We know each case is unique, and we take the time to understand your specific circumstances, offering personalized solutions for your legal needs. At Shep Law Group, we don't just represent clients—we build relationships based on trust and mutual respect. 

Remember, when it comes to personal injury claims, time is of the essence. Don't delay reaching out. Let us help you navigate the complexities of non-economic damage caps and fight for the justice you deserve.