Personal Injury

Compassionate Attorney for Your Personal Injury Case

Communities are stronger and safer when people are held responsible for their actions.

Strong Representation

Personal injuries and damages can take a toll on your life mentally and financially. Let us guide you through the complex legal procedures and get you the appropriate insurance and benefits you deserve. Call Murray, Ziel, & Johnston, PLLC to discuss your personal injury case today.

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Learn More About Personal Injury Law

Personal injury law covers a wide variety of situations:

  • Intentional Acts Of Violence—Personal injury law applies to acts of battery and assault, any instance of someone causing harm to another person, and various other intentional torts (fraud/deceit, defamation, trespassing, etc.).
  • Accidents—An Idaho Falls personal injury attorney typically gets involved in situations where negligent or careless actions result in harm to another person. Typically these scenarios involve auto accidents, medical malpractice, slip and fall incidents, etc.
  • Defective Products—Consumer products, pharmaceuticals, vehicle components, and anything else sold on the market that’s not up to code and results in the harm of an individual falls under the purview of personal injury law.
  • Defamation—This can fall under personal injury law if a defamatory statement results in harm to another person.

Legally speaking, a personal injury is harm caused to a person’s body, mind, or emotions as a result of carelessness, negligence, or wrongful conduct (intentional infliction of damage).

That’s a broad definition, and an Idaho Falls personal injury attorney at MZJ can help with all areas of personal injury law.

Any of the following—as well as anything directly related to the following—fall under the purview of personal injury law:

  • Assault & battery
  • Trespassing
  • False imprisonment & false arrest
  • Conversion—when someone “exercises dominion and control” over someone else’s property without their permission
  • Intentional infliction of emotional distress
  • Fraud/deceit
  • Defamation—libel & slander
  • Intentional tort—something of a “catch all” term for an instance where damage has occurred but the incident does not fit directly into any of the above categories.
  • Write down exactly what happened while it’s still fresh in your mind.
  • Take images of any injuries you may have.
  • Visit a doctor and get a diagnosis.
  • List off the witnesses and their contact info if you can.
  • Contact an Idaho Falls personal injury attorney for a consultation.
  • You’ve suffered a permanent disability or other serious injury—This could be the result of an accident, a serious illness, or any other event caused (directly or indirectly) by another person or company/corporation. 
  • You aren’t quite sure who is at fault—This is the perfect opportunity for the other party’s insurance company (and their team of lawyers) to do everything in their power to paint you as the one responsible. An Idaho Falls personal injury attorney at MZJ can level the playing field and give you the representation you need.
  • There are multiple parties involved—Hiring an attorney in this case can ensure that you aren’t the one unjustly reaping all of the consequences.
  • The insurance company is delaying or denying your claim—Personal injury claims involve complicated laws and esoteric language, and insurance companies use this to their advantage—they try to confuse you or make you feel powerless to do anything, as well as delay your claim and offer a small fraction of the amount your claim is worth. An Idaho Falls personal injury attorney gives you legal power in these cases and gets you the compensation you deserve.

HIPAA applies to personal injury claims. That said, HIPAA allows disclosure of medical information in accordance with court orders.

If medical information is irrelevant to a claim, HIPAA laws prevent someone from being coerced into revealing it.

An Idaho Falls personal injury attorney at MZJ can handle your medical records appropriately during your case in strict accordance with HIPAA laws.

First and foremost, our Idaho Falls personal injury attorneys have an obligation to keep your medical information protected. We take appropriate steps to protect your medical records from unauthorized disclosure.

We secure Protected Health Information in accordance with 45 CFR § 160.103

We set out plans for security risk analysis to ensure that only those who need the information have access to it. 

Rules Of Professional Conduct also overlap with HIPAA when it comes to confidential medical information—if it does not pertain to your case, it remains private, and we release it only with your informed consent.

According to the IRS:

Settlement payments for physical injuries are non-taxable if you did not take an itemized deduction for medical expenses related to the injury in prior years—if portions of the settlement payment were used for medical expenses in prior years, you must include it in income. You can find more information on this here. Of course, an Idaho Falls personal injury attorney at MZJ can also help if you have questions.

Your personal injury settlement is “exempt”, meaning that a creditor can’t take it from you via bank garnishments. If you declare bankruptcy, you can also keep your entire settlement.

That said, there are a few steps you need to take in order to ensure this protection is in place.

Make sure the settlement money is kept separate from any of your other wages. Keep the money in a separate savings account. Another option is to deposit your settlement money on a prepaid debit card—this should be done ASAP if you have any judgements against you.

An Idaho Falls personal injury attorney at MZJ can help you decide on the best course of action.

Yes, “personal injury” can apply to mental/emotional trauma and suffering and you are entitled to pursue compensation for this form of damage.

It is common for people involved in car accidents, assaults, and similar situations to suffer long-lasting mental and emotional disorders as a result. These include:

  • Post-traumatic stress disorder (PTSD)
  • Major depressive disorder (MDD)

These can be direct results (such as a traumatic brain injury causing major depression) or indirect results (a natural change in mood, thinking, and behavior) of the incident.

These kinds of injuries can be diagnosed by a psychologist who can give testimony in court for validation. This is a course of action our Idaho Falls personal injury attorneys can take in order to get you additional compensation for personal injury.

Even if you are the at-fault party, it is still possible to file an injury claim (provided you have the coverage for it). This depends on a lot of factors—what your insurance covers, the circumstances of the accident, etc.

If you were involved in an accident and you’re the at-fault party, an Idaho Falls personal injury attorney at MZJ may be able to help.

If your claim is settled privately, the results will not be a matter of public record. However, if you file a lawsuit and a judge decides on your case, it will be, meaning everything that everything involved in the court that went into reaching the conclusion will be made public, including victim injuries, arguments from both sides, and the final verdict amount.

Insurance companies as well as claimants typically prefer to settle personal injury claims outside of court, as this is not only less stressful and expensive, but also allows for flexibility. 

In either case, representation from an Idaho Falls personal injury attorney can help you get the most out of the situation.

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