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After an Accident, Who Will Pay My Medical Bills?

After an Accident, Who Will Pay My Medical Bills?

After an Accident, Who Will Pay My Medical Bills?When meeting with a personal injury client for the first time, often one of the first questions the client will have is “who pays my medical bills?” The answer depends on the type of accident. An experienced personal injury lawyer will know your options differ depending on if you were injured in a motor vehicle accident or other types of accidents such as a slip and fall or dog bite injury.

Personal injury lawyer Brent Gordon understands how important it is for injured clients to receive the medical care they need. Brent Gordon Law Firm has a goal to make sure every client is fully compensated for all medical expenses, lost wages and other costly damages incurred in the accident.

To learn more about the options obtaining to your personal case, contact our Idaho Falls law office or Pocatello law office now to speak with an experienced and knowledgeable attorney. Call (208) 552-0467 now for a free consultation. We can usually tell you over the phone if you have a good case.

Paying Medical Bills After an Accident

Most commonly, paying medical bills after an accident will happen using your own private health insurance or Medicaid or Medicare. The at-fault party (or parties) will then be asked to reimburse you through a personal injury lawsuit that will claim past, present, and future medical expenses as well as expenses of other damages. Once you have been paid by the at-fault parties insurance, your insurer will seek reimbursement of what it paid for your medical treatment. It is important to know that your insurer is entitled to the only reimbursement of what they paid for your medical treatment and no more than that.

Brent Gordon Law Firm is here to Help

After an accident, the experienced attorneys at Brent Gordon Law Firm are here to help take the stress out of your case. Let us get your case under control by handling your medical bills and getting you compensation for lost wages. Call our Idaho Falls law office or Pocatello law office now to see if you have a good case during a free consultation. Call (208) 552-0467.

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law

How Liability is Determined After an Accident

How Liability is Determined After an Accident

How is Liability Determined After an AccidentAfter an accident, how liability is determined becomes important. To receive full compensation for your injuries after a car accident, motorcycle accident, semi truck accident or other motor vehicle accident, fault must be fully placed on the other party. Determining liability after a serious car crash can be a stressful, combative experience. So how is liability determined after an accident? That depends on evidence found at the crash scene as well as the police and insurance adjusters.

Determining Liability

Oftentimes liability is determined by reviewing traffic laws to see if any violations occurred to determine if a persona acted negligently. There are four primary factors used to determine liability which is as follows.

Negligence

The most common way to determine liability is proving negligence. Negligence is careless or unreasonable conduct while driving which results in harm or damage. Examples of negligent driving is when a driver fails to yield the right-of-way to avoid a crash or by running a red light at an intersection. Violating the law such as reckless driving, speeding, or any other violation will most likely determine the driver at fault for an accident.

Witnesses

Gathering statements from witnesses to the accident often help to determine liability. Their statements have a very clear idea of who was at fault for the accident and can present evidence later on.

Photograph Evidence

Expert analysis of the crash scene or photos of the accident scene can determine things such as if any traffic laws were violated.

Statements of Others

If a driver involved in the accident admits fault, this can be used to assign liability. Statements such as “I didn’t see them coming,” can do a lot of damage to that person later on.

Experienced Personal Injury Attorneys

If you have been involved in a motor vehicle accident, you need an experienced personal injury attorney on your side to handle the case. The attorneys of Brent Gordon Law Firm understand and know how to get the most compensation for their clients by making sure liability is determined correctly. Call our Idaho Falls law office now at (208) 552-0467 or Pocatello law office at (208) 232-7274 now for a free consultation.

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law

Idaho Civil Rule 61: Harmless Error

Idaho Civil Rule 61: Harmless Error

Idaho Civil Rule 61: Harmless ErrorRule 61 of the Idaho Rules of Civil Procedure says that a new trial is not warranted if the error that gives rise to the motion for a new trial is deemed as a harmless error.

The following is Idaho Civil Rule 61 in full:

Idaho Civil Rule 61: Harmless Error

Unless justice requires otherwise, no error in admitting or excluding evidence, or any other error by the court or a party, is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights.

Why Do I Need a Lawyer?

If you’ve been involved in a car accident, semi truck accident, motorcycle accident or any other personal injury, you may be wondering if you need to hire a personal injury lawyer. Depending on your injuries, it could be critical that you discuss your case with an attorney. A personal injury attorney who knows the legal system is more likely to be able to get you a larger settlement than if you were to handle the case yourself. The following are some great reasons you need to hire a personal injury lawyer from Brent Gordon Law Firm.

Experienced Personal Injury Lawyer

The law office of Brent Gordon Law Firm has handled hundreds of personal injury cases. Our attorneys specialize in car accident cases, motorcycle accident cases, semi truck accidents, wrongful death, dog bite injuries, and other personal injury cases. Take a look at our Client Reviews to see the dedication of the lawyers at Brent Gordon Law Firm for yourself.

Brent Gordon Law Firm is dedicated to their clients. Our law firm believes every client deserves fair representation. Call us now for a free consultation at (208) 552-0467.

 

 

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law

Idaho Civil Rule 60: Relief from a Judgment or Order

Idaho Civil Rule 60: Relief from a Judgment or Order

Idaho Civil Rule 60: Relief from a Judgment or OrderRule 60 of the Idaho Rules of Civil Procedure has to do with obtaining relief from a judgment or order. The first part of the rule allows the court to correct any clerical errors that they find without needing to do any motions. This changes to needing the appellate court’s leave if the case has been appealed.

The second part of the rule says that a party can get relief from the court’s final judgment after a motion has been approved by the court. Reasons that such relief could be given are:

  1. Mistake, inadvertence, surprise, or excusable neglect
  2. Newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b)
  3. Fraud, misrepresentation, or misconduct by an opposing party
  4. Judgment is void
  5. Judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable;
  6. Any other reason that justifies relief

Then, Rule 60 requires that any motion made under Rule 60(b) needs to be made within a reasonable time. In addition, if the reason for relief is numbers 1, 2, or 3, then the motion needs to be made within 6 months after the entry of the judgment.

Lastly, Rule 60 clarifies that this rule does not limit a court’s power to hear an independent action to relieve a party from a judgment or limit the court’s power to set aside a judgment as allowed by law.

Idaho Civil Rule 60: Relief from a Judgment or Order

(a)   Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(b)   Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1)   mistake, inadvertence, surprise, or excusable neglect;

(2)   newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3)   fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4)   the judgment is void;

(5)   the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6)   any other reason that justifies relief.

(c)   Timing and Effect of the Motion.

(1)   Timing. A motion under Rule 60(b) must be made within a reasonable time, and for reasons (1), (2), and (3) no more than 6 months after the entry of the judgment or order or the date of the proceeding.

(2)   Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d)   Other Powers to Grant Relief. This rule does not limit a court’s power to:

(1)   entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2)   to set aside, as provided by law, within one year after judgment was entered, a judgment obtained against a party who was not personally served with summons and complaint either in the state of Idaho or in any other jurisdiction, and who has failed to appear in the action; or

(3)   set aside a judgment for fraud on the court.

Brent Gordon Law Firm

If you’ve been injured in an accident, Brent Gordon Law Firm is here for you. Our law office offers a free case review in person or over the phone. Call our Pocatello law office now to get started on your case at (208) 232-7274. Our Idaho Falls law office at (208) 552-0467.

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law

Idaho Civil Rule 59: New Trial

Idaho Civil Rule 59: New Trial

Idaho Civil Rule 59: New TrialRule 59 of the Idaho Rules of Civil Procedure first discusses the reasons a court may grant a new trial. Some of these reasons include irregularity in the proceedings, abuse of discretion, misconduct of the jury, newly discovered evidence, excessive damages awarded, insufficiency of the evidence, and error in law.

Then Rule 59 mandates that, in order to be granted a new trial, the party must file a motion with the Court and give one of the above justifications. This motion must be made within 14 days after the entry of the judgment.

If the Court wishes to grant a new trial on its own initiative, then the Court must do so within the same 14-day limit after the entry of judgment.

Idaho Civil Rule 59: New Trial; Altering or Amending a Judgment

(a) In general.

(1) Grounds for a new trial.  The court may, on motion, grant a new trial on all or some of the issues, and to any party, for any of the following reasons:

(A)  irregularity in the proceedings of the court, jury or adverse party;

(B)  any order of the court or abuse of discretion by which either party was prevented from having a fair trial;

(C)  misconduct of the jury;

(D)  accident or surprise, which ordinary prudence could not have guarded against;

(E)  newly discovered evidence, material for the party making the application, which the party could not, with reasonable diligence, have discovered and produced at the trial;

(F)  excessive damages or inadequate damages, appearing to have been given under the influence of passion or prejudice;

(G)  insufficiency of the evidence to justify the verdict or other decision, or that it is against the law; or

(H)  error in law, occurring at the trial.

(2) Support for motion.  Any motion for a new trial based upon any of the grounds set forth in subdivisions (A) – (E) must be accompanied by an affidavit stating in detail the facts relied upon in support of the motion. Any motion based on subdivisions (G) or (H) must set forth with particularity the factual grounds for the motion.

(3) Further action after a non-jury trial.  On a motion for new trial in an action tried without a jury, the court may open the judgment, if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

(b) Time to file a motion for a new trial. A motion for a new trial must be filed and served within 14 days after the entry of the judgment.

(c) Time to serve affidavits. When a motion for a new trial is based on affidavits, they must be filed and served with the motion. The opposing party has 14 days after being served to file and serve opposing affidavits, which period may be extended for up to an additional 21 days by order of the court or written stipulation. The court may permit reply affidavits. All affidavits filed under this rule must meet the requirements of Rule 56(c)(4).

(d) New trial on the court’s initiative or for reasons not in the motion.

(1) On court’s own initiative.  No later than 14 days after entry of judgment the court, on its own, may give notice of its intent order a new trial for any reason for which it might have granted a new trial on motion of a party. A notice of intent pursuant to this subdivision is to be treated as a motion for new trial filed by a party for the purpose of these rules and the Idaho Appellate Rules.

(2) For grounds not stated in motion.  The court may grant a motion for a new trial, timely served, for a reason not stated in the motion.

The court must give the parties notice and an opportunity to be heard before entering an order for new trial. The court must specify in the order the grounds for granting a new trial.

(e) Motion to alter or amend a judgment. A motion to alter or amend the judgment must be filed and served no later than 14 days after entry of the judgment.

Experienced Personal Injury Lawyer

If you have been injured in an accident due to the negligence of another, contact the law office of Brent Gordon immediately. Our experienced personal injury lawyers will fight for every penny you deserve. You deserve compensation for your pain and suffering. Call us now for a free consultation at (208) 552-0467.

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law

Idaho Civil Rules 57 & 58: Judgment

Idaho Civil Rules 57 & 58: Judgment

Idaho Civil Rules 57 & 58: JudgmentRule 57 of the Idaho Rules of Civil Procedure state that Rules 38 and 39 govern a demand for a jury trial. However, Rule 57 makes it clear that just because there is another remedy, such as a jury trial, that does not mean that a declaratory judgment cannot be given. Indeed, the Rule specifically states that a speedy hearing of a declaratory-judgment can be ordered by the Court.

Idaho Civil Rule 57 also states that if a party seeks a declaratory judgment under an insurance policy, that party must give notice to any person known to have a claim against the insured relating to the incident.

Idaho Civil Rule 57 – Declaratory Judgment

(a) In general. These rules govern the procedure for obtaining a declaratory judgment pursuant to the statutes of this state. Rules 38 and 39 govern a demand for a jury trial. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. The court may order a speedy hearing of a declaratory judgment.

(b) Coverage under insurance policy. A party seeking a declaratory judgment as to coverage under a policy of insurance must give notice of the action to any person known to have a claim against the insured relating to the incident that is the subject of the declaratory action.

Rule 58 of the Idaho Rules of Civil Procedure requires that any judgment or amended judgment must be set forth on a separate document, as required by Rule 54(a). This Rule also reminds readers that the filing of a judgment by the Court is governed under Rule 5(d).

Idaho Civil Rule 58 – Entry of Judgment

Every judgment and amended judgment must be set forth on a separate document as required in Rule 54(a). The filing of a judgment by the court as provided in Rule 5(d) or the placing of the clerk’s filing stamp on the judgment constitutes the entry of the judgment, and the judgment is not effective before such entry. The entry of the judgment must not be delayed for the taxing of costs.

Looking to Hire a Personal Injury Attorney?

If you’ve been injured in an accident, you need to hire an experienced personal injury attorney. Look to Brent Gordon Law in Idaho Falls or Pocatello to handle your case. Our law firm believes every client deserves fair representation against big insurance companies with deep pockets. Call us now for a free consultation at (208) 232-7274.

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

 

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation. 154 North Main St. Pocatello, ID 83204 Phone:(208) 232-7274

Gordon Law Pocatello

Brent Gordon Law