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Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Idaho

Tyler J. Bowles, Wayne Lewis, Gary R. Wells

Abstract

In this article, the authors present the standard methodology and the supporting legal framework for estimating economic damages in personal injury and wrongful death cases in Idaho. The paper is organized as follows. In Part II, the elements of damages and issues involved in estimating those damages in personal injury litigation are presented. A discussion of key cases and relevant jury instructions are included. Economic damage issues with respect to wrongful death actions are covered in Part III. Next, Idaho court rules and case law, with respect to expert testimony, are reviewed. Summary remarks are included in the final section. II. Personal Injury Actions

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Key concepts: Damages, Wrongful death, Personal injury, Jury, Law, Plaintiff, State (computer science), Jury instructions