Frequently Asked Questions About Idaho Injury Claims
Idaho Personal Injury & Workers' Comp Lawyer FAQs
Straight answers about Idaho injury claims, insurance, costs, and deadlines — from attorneys who have handled them since 1992.
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Real Answers to the Questions Idaho Injury Victims Ask Us Most
What is my case worth? How much does a lawyer cost? What if my workers' comp claim is denied? Find straight answers on insurance, fees, deadlines, and your rights — from attorneys who have handled Idaho injury claims since 1992.
Legal Process
How injury claims work in Idaho
Skaug Law handles personal injury and workers' compensation cases throughout Idaho, including auto accidents, truck accidents, motorcycle and ATV crashes, traumatic brain injuries, spinal cord injuries, wrongful death, and workplace injuries. Our attorneys bring more than 60 years of combined experience to every case.
Not legally, but having one usually protects the value of your claim. The insurance company has trained adjusters and lawyers working to minimize what it pays. An experienced attorney gathers the evidence, values your damages, handles the insurer, and is ready to go to trial if a fair offer doesn't come. Learn more about our auto accident practice.
Get medical attention right away, even if you feel fine — some injuries don't show symptoms for days. Take photos of the scene, your injuries, and vehicle damage; collect witness names and phone numbers; and get a police report. Then call Skaug Law at 208-274-9298 before you talk with any insurance adjuster.
Yes. Idaho follows modified comparative negligence under Idaho Code 6-801. You can recover as long as you are less than 50% at fault, and your award is reduced by your share of fault. For example, if you're found 20% at fault on a $100,000 claim, you would receive $80,000. Insurers often try to inflate your percentage — we push back with evidence.
Most personal injury cases settle without a trial. We still prepare every case as if it's going to court, because insurers make better offers when they know we're ready to try the case. If yours does go to trial, our trial attorneys represent you at every step.
Insurance & Case Value
What your claim is worth and how to deal with insurers
Every case is different. Value depends on your medical bills and future care, lost wages and earning capacity, how the injury affects your daily life, how clear the other party's fault is, and how much insurance coverage is available. We give you an honest assessment during your free consultation after reviewing your records and the facts.
Idaho law allows recovery of economic damages — medical bills, future medical care, lost wages, and property damage — and non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases of truly outrageous conduct, punitive damages may be available under Idaho Code 6-1604.
Yes, for most cases. Idaho Code 6-1603 limits non-economic damages such as pain and suffering, and the cap is adjusted each year. It does not limit economic damages like medical bills and lost wages, and certain exceptions apply, such as reckless or willful misconduct. We explain how the cap affects your specific claim.
Usually not. First offers often come before the full extent of your injuries is known and rarely account for future treatment or lost earning capacity. Once you accept and sign a release, you generally can't ask for more. Talk with an attorney before you sign anything.
You are not required to, and it's best to speak with a lawyer first. Adjusters can use recorded statements to downplay your injuries or shift blame to you. We can handle communication with the insurance company for you.
You may be able to claim against your own uninsured (UM) or underinsured (UIM) motorist coverage if your policy includes it. These claims are made against your own insurer, which often still resists paying full value. We review your policies to find every source of coverage. See our auto accident page.
Under Idaho Code 5-311, a wrongful death claim can be brought by the deceased person's heirs — typically a spouse, children, or parents who depended on them — or by the personal representative of the estate. Families may recover funeral costs, lost financial support, and loss of companionship. Learn about wrongful death claims.
Workers' Compensation
Your rights after a workplace injury in Idaho
Not for every claim, but a lawyer helps when your claim is denied, your benefits are cut off, your doctor's recommendations are disputed, or your injury is permanent. Workers' comp insurers have their own lawyers; you deserve the same. Learn about our workers’ compensation practice.
For a workplace accident, Idaho Code 72-701 requires you to notify your employer within 60 days and file a claim within one year of the accident. Occupational diseases have separate notice rules under Idaho Code 72-448. Report your injury as soon as possible — late notice is one of the most common reasons claims are denied.
Workers' compensation can cover medical treatment, income benefits while you're unable to work (a percentage of your average weekly wage, up to a state maximum), benefits for permanent impairment or disability, retraining, and death benefits for dependents. See a full breakdown of benefits.
A denial isn't the final word. You can challenge it by filing a complaint with the Idaho Industrial Commission and requesting a hearing. Deadlines apply, so act quickly. We gather medical evidence, challenge the insurer's reasons, and represent you through the appeal. Learn about denied claims and appeals.
Employers may not retaliate against you for filing a legitimate workers' compensation claim. If you were fired, demoted, or threatened after reporting a work injury, talk with an attorney about your options.
Often, yes. Workers' comp usually prevents you from suing your employer, but you may have a separate personal injury claim against a negligent third party — such as another driver, a subcontractor on a construction site, or the maker of defective equipment. These claims can recover damages workers' comp doesn't pay, like pain and suffering.
Costs & Fees
How much an injury lawyer costs — and how you pay
At Skaug Law, nothing upfront. We handle personal injury cases — including car, truck, and motorcycle accident claims — on a contingency fee. That means no retainer and no hourly bills: our fee is a percentage of the money we recover for you, and if we don't recover anything, you owe no attorney fee.
Contingency percentages vary with the type of case and how far it goes — for example, whether it settles or goes to trial. We explain our percentage during your free consultation and put the full fee agreement in writing before we start, so you know exactly what to expect. The fee applies only to money we actually recover.
No attorney fee. If we don't recover compensation for you, you don't pay us for our work. Your written fee agreement spells out how case costs are handled, and we review it with you before you sign.
Yes. When your case resolves, our agreed percentage and any advanced case costs are paid from the recovery, and you receive the balance. You never write us a check out of pocket, and we give you a detailed statement showing where every dollar went.
Yes. Your first consultation with Skaug Law is completely free, with no obligation to hire us. You'll speak with an attorney — not a call screener — who will review what happened, explain your options, and answer your questions. Call 208-274-9298 to schedule.
Workers' compensation cases are also handled on contingency, so there's nothing to pay upfront. In Idaho, attorney fees in workers' comp cases are regulated by the Idaho Industrial Commission, which helps protect injured workers from excessive fees. We explain exactly how fees work in your case during your free consultation. Learn about our workers’ compensation practice.
It depends on the injury, the insurance coverage, and whether fault is disputed. Some injuries that seem minor turn out to need ongoing treatment, and early settlements often miss those costs. A free consultation lets you find out whether you need a lawyer at no cost — and we'll tell you honestly if you don't.
No. We advance case costs such as investigation, expert witnesses, court filing fees, and medical records. Those costs are reimbursed only if we recover compensation, and we give you a clear accounting of every expense.
Many medical providers will treat injury victims on a lien, waiting for payment until the case resolves. We can help you find providers who work this way. Consistent treatment protects your health and documents your injuries for your claim.
Case Timeline
Deadlines and how long your case may take
In most cases, two years from the date of injury under Idaho Code 5-219. Some situations, such as claims against government entities, have much shorter notice deadlines. Workers' comp has its own deadlines (see above). Contact us right away so a deadline doesn't cost you your claim.
Simple cases with clear fault may settle in 3–6 months; cases with serious or permanent injuries or disputed fault can take 1–2 years or longer. We don't rush — we wait until your medical condition is stable so your settlement covers all of your losses.
After a settlement is finalized, insurers typically pay within 30–60 days. We deposit the funds in our trust account, pay any medical liens and case costs, deduct our agreed fee, and promptly send you the balance with a detailed accounting.
Service Areas
Where we help injured clients
Our office is at 1226 East Karcher Road in Nampa, just off I-84 and centrally located in the Treasure Valley. Get directions and office hours.
We represent injury victims in more than 40 communities across southwestern Idaho, including Nampa, Boise, Meridian, Caldwell, Eagle, Kuna, Star, Middleton, Mountain Home, Payette, and Weiser. We offer hospital visits, home consultations, and virtual meetings for clients who can't travel.
Yes. We represent clients across Idaho, including rural communities like Idaho City, Grand View, and Mountain Home. Distance isn't a barrier — we'll come to you.
Yes. Our team offers full Spanish-speaking support, because language should never stand between you and justice. Call 208-274-9298 and let us know you'd like to speak in Spanish.
Helpful Resources
Learn more about Idaho injury law and your legal rights
Idaho Personal Injury Law:
What You Need to Know
Deadlines, comparative fault, damages, and how we build injury cases.
Read MoreWorkers' Compensation in Idaho:
Your Rights Explained
Industrial Commission procedures, benefits, and how to appeal a denied claim.
Read MoreAfter a Car Accident
in Idaho
Medical care, documentation, insurance, and when to call a lawyer.
Read More-
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1226 E Karcher Rd, Nampa, ID 83687
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Located on East Karcher Road, easily accessible from I-84. Wheelchair accessible with gender-neutral restrooms.
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Don't wait — Idaho's filing deadlines are strict. Get your free consultation today and let us start building your case.
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