Wednesday, September 9, 2009

What is a Notice of Tort Claim?

In most states, Idaho accord, an aggrieved party must serve a notice of tort claim before a lawsuit may be brought against the state, municipality, political subdivision thereof or government employee (or agent) working for and on behalf of same. In Idaho, a notice of tort claim must be served within 180 days from the date of the act, omission or occurrence complained of that forms the subject of the complaint consistent with Chapter 9, Title 6 of the Idaho Code. Failure to serve a notice of tort claim within the aforesaid 180 day period could, in most cases, act as a complete bar to the filing and/or maintenance of the lawsuit.

Sometimes it is difficult to determine (as in the case of a motor vehicle collision or other accident) whether the other party was acting within the scope and course of the state's (or municipality's) employment. As such, it is important to seek counsel from a competent attorney soon after the date of injury or damage incurred so that the attorney may be able to investigate the claim in a timely manner to determine whether a notice of tort claim should be prepared and served consistent with the state's Tort Claim Act. Failure to do so could be prejudicial to your legal rights and remedies.

CONTACT INFORMATION: If you or a family member have been injured or damaged due to the fault or responsibility of someone else, an industrial accident or by a dangerous or defective product, drug or toxic substance, contact Alan Morton for a no obligation, free consultation.

For additional information contact:

Alan L. Morton
1005 North Eighth Street
Post Office Box 420
Boise, ID 83701-0420
Telephone: 208.344.5555
Toll Free: 866.946.1669 [866.WIN.1.NOW]
Facsimile: 208.342.2509

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