If you have been injured by an Idaho state, county, or city employee and you want to bring a civil lawsuit for damages, you MUST file a notice of tort claim before you can bring a lawsuit to recover for your injuries. Even if the potential defendant is not an employee – you still must file the notice of tort claim to have a chance to recover money damages from injuries or death that resulted from a government employee or agent’s negligence.  The law in Idaho requires that the tort claims notice must be filed WITHIN 180 days of the date of your injuries. Again, if you do not file the notice of tort claims within that time, you HAVE NO RIGHT TO SUE.  

If your case involves any of the following types of entities or their employees or agents, you will need to file a Tort Claims Notice before you can bring suit:

  • State office or department;
  • State agency, authority, commission or board;
  • State hospital;
  • State college or university; 
  • County;
  • City;
  • Municipal Corporation;
  • Health District;
  • School District;
  • Irrigation District;
  • Special Improvement or Taxing District;
  • Hospital or Nursing Home established by a County or City;
  • Any other State or local governmental entity

There is no "form" that is required for your tort claims notice, but it must include certain information including the conduct and circumstances which brought about the injury; the nature of the injury or damage; the time and place the injury or damage occurred; the names of all persons involved; the amount of damages claimed; the residence of the claimant. 

This is a very important requirement that you may not get right if you rely on your own understanding of the law. If you get this one wrong – you have no case, so get some help. Call a lawyer who has experience with this. I have had to tell that potential client that his right to sue under state law was gone because he had failed to file a proper notice of tort claim, and that was a conversation I will never forget. So get some help.

 


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One of those "can I recover" questions last week involved sexual harassment.  Just what is sexual harassment and when do you have a case that will allow recovery in an Idaho court? 

Sexual harassment includes any unwanted, unwelcome, or unsolicited conduct that is sexual in nature. It can include touching, inappropriate jokes, crude or derogatory statements, sexual advances, offers for benefits such as money or a promotion in exchange for sexual favors, displays of pornographic materials, and indecent exposure. 

Sexual harassment is most often associated with conduct in the workplace that interferes with your ability to effectively perform their job. Such conduct in the workplace can come from a boss, a co-worker, or anyone else you come into contact with either at work or in association with work. An employer’s liability for harassment in the workplace is not limited to the conduct of its employees. 

Sexual harassment also may occur outside of work. A person can also be sexually harassed by a friend, a stranger, or even a family member. Harassment can occur at work, school, home, or in public. It can be from someone of the same sex or the opposite sex. 

Whether it is meant to be in good fun or hostile, sexual harassment can leave a lasting impact. It can affect performance at work, school, and daily life, and the conduct has been shown to increase if  ignored.  

If you’ve been sexually harassed, we can fight for your rights as a victim. Give us a call to discuss whether you have a case.


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