Idaho Personal Injury Legal Questions

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.... Read Answer

Sue her. Depending on the value of the items, you may be in small claims court. You must prepare a complete inventory of all of the items, the original cost, the age and the value as of the time of the incident. If you get a judgment, you can garnishee up to 10% of her take-home pay until it is paid up.... Read Answer

Waaaaaa! Mommy liked you more than me. You can sue for almost anything. Just think about the repercussions before you do. You will be dealing with your sister at all family functions forever. All you need is to have the added angst of a dispute like that. If you do not care, then you sue because she has caused you a loss of standing in the community. It would not be covered by her homeowners insurance, because it is an intentional act, and she would have to pay the judgment or settlement our of her pocket.... Read Answer

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim 'comparative fault', meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.... Read Answer

Try negotiating: See if the dentist would correct his/her mistake without charge - and buy you a Carribbean cruise - instead of having to defend against a professional malpractice law suit, pay for your root canal/crown being done by another dentist, pay for your pain & suffering, and take a serious increase in his liability insurance premiums. If negotiation does not work, call an attorney.... Read Answer

You need to contact the editor again and diplomatically find out why he has not followed his stated policy of deleting the arrest record,especially since the charges were dropped [convictions are expunged, not arrests]. point out to him the harm it has caused you. I am not a libel expert but I think you do not have a legal case. Sorry. You were arrested and that is all the newspaper reported apparently. They had the right to report the arrest; the dismissal of the charges is a separate event. Charges can and are dismissed for reasons other than the DA feeling the party is innocent.... Read Answer