Hiring an Idaho Falls Lawyer

Why do I need an Idaho Falls attorney?

Much of what we do these days is controlled by law. The law is often complex and susceptible to change. An legal professional's experience, knowledge, and expertise are therefore crucial not only in dealing with legal matters you may be facing, but further in explaining and interpreting the law as it pertains to your situation. The attorney’s guidance very well may be useful in avoiding legal problems and litigation. Also, a knowledgeable attorney in Idaho Falls is familiar with the legal process (courtroom procedures, filing requirements, deadlines, etc.) and can help you work through the process should that become inevitable. When you hire an Idaho Falls attorney, all of the resources and staff of the attorney are accessible to safeguard your interests. The lawyer is there to represent your best interests by researching and analyzing all of the available information and law associated with your circumstance and will strive to provide you with the opportunity to make an informed decision about the legal issues you could be experiencing.

How much will it cost me to hire an attorney in Idaho Falls?

While it is correct that hiring an Idaho Falls attorney can be expensive, the fees charged and expenses incurred differ with each circumstance and case. If managed correctly, the support of an attorney can be cost-effective. Some cases can be managed on a “contingency fee” where the attorney shares a percentage (usually one-third plus costs) of the amount collected as reimbursement for the services given. Other cases or circumstance necessitate that the work be provided based on an hourly rate plus costs. Hourly fees are modified being based upon the attorney, the type of work, and the amount of future work that might be provided by the client. At, Thomsen Holman Wheiler, PLLC, our hourly rates are competitive with similar firms in our geographical area. Costs include a wide array of expenses such as travel, deposition transcripts, copying, expert fees, and the like. In many instances, the question of how much will it cost to hire an attorney can be answered by the old television commercial slogan, “You can pay me now, or you can pay me later” and in the legal arena it will usually cost much more later! Therefore, incurring a single significant legal liability which could possibly have been avoided through the early use of a legal attorney can erase many years of “savings” gained from not employing the services of a legal attorney. Contact Thomsen Holman Wheiler, PLLC today.

Idaho Falls Whistle Blowers

Thankfully, Whistle Blowers in Idaho Falls are not able to act on too much.  But when it's required, the attorneys at Thomsen Holman Wheiler PLLC are ready to give help. Lawyers for whistleblowers are fully experienced to help in the best way they can.

The False Claims Act (FCA), additionally known as the “Lincoln Law” or the “qui tam” law, was enacted in 1863 as part of the effort to put a stop to dishonest suppliers to the Union Army during the Civil War. It was changed in 1943 and 1986. The FCA permits a private individual with knowledge of past or present fraud executed upon the federal government or an agency that collects federal funds to sue on the government’s behalf to recover compensatory damages (the amounts actually paid), civil penalties (currently $5,500.00 to $11,000.00 per occurrence), and treble damages (three times the amount actually paid).

The individual bringing the suit (a whistleblower) is recognized as the “relator.” The government is given notification and an opportunity to intervene in the case before the suit is publicized. The government might choose not to intervene and grant the relator to pursue the claim on behalf of the government. If the government decides not to become involved in the suit, the relator may possibly recover as much as thirty percent (30%)of the total damages and penalties awarded to the government. In instances where the government intervenes, the average relator share is sixteen percent (16%) of the total monetary award.

Thomsen Homan Wheiler PLLC is the Idaho Falls law that is experienced and eager to help when moments arise. Have more questions or concerns about whistleblowing? Need additional information? Have questions in regards with confidentiality matters? Let Idaho Falls law make it clear. They will answer and help with any concerns, questions, and needs you may have. Call lawyers for whistleblowers today to get the very best assistance.

Business Planning Idaho Falls

Do I Need Business Planning in Idaho Falls?

Seeking to start a business? Just established a business? Desiring further expansion of your business? Well-established in your business? Wherever you might be in the business process, Thomsen Holman Wheiler PLLC business attorneys can guide you in your Idaho Falls business planning. It is never too early, nor is it too late to start preparing for your business with THW Law. Thomsen Holman Wheiler PLLC provides full Business Planning in Idaho Falls.  Our business planning in Idaho Falls and business attorneys assist clients in shaping their business organizations and transactions in today’s complicated business, tax, and legal environment. Business clients comprise of corporations, limited liability companies, partnerships, and sole proprietorships.

It is very important that every business owner or partner know how constructing and running a business works. It is also important to acknowledge how a company or business can grow. What opportunities can you and your business anticipate? Ask a THW law attorney what this could mean for you. An Idaho Falls attorney will give you assistance in the way that will be optimal for you and your business.

What Can THW Law Do for Me?

In addition to counseling business clients on legal issues appearing in the formation, acquisition, operation, merger and sale of businesses, Thomsen Holman Wheiler PLLC business attorneys can likewise aid clients with business opportunity analysis, strategic planning, and growth analysis. We have many relationships and work closely with other essential professionals in the fields of accounting, banking, and unconventional, early stage startup financing.

Hiring Thomsen Holman Wheiler PLLC business attorneys is a sensible decision. By having Idaho Falls business planning guide you, you will be able to analyze insights and possibilities into your business and know how to develop your business.

Will an Idaho Falls Attorney Help Me in My Field?

Our corporate and business clients range in size from true start ups to more well-respected businesses in a great variety of industries, including technology, agricultural, professional services, development, construction, and retail and consumer products.

Get the professional advice from Idaho Falls business planning by getting in touch with Thomsen Homan Wheiler PLLC today. An Idaho Falls attorney just might simplify your business planning. Business planning in Idaho Falls can be the next perfect thing for your business!

Idaho Falls and Products Liability Law

The manufacture, marketing, and sale of products is lead by many state and federal laws. Also, there's a Model Uniform Products Liability Act which was drafted by the United States Department of Commerce for use by the states on a voluntary condition. Products liability law considers the legal responsibility of all parties associated with the manufacture, sale and use of a product that brings about damage to a user. Product liability claims are often based upon principals of negligence but can also be established on theories of absolute liability or breach of warranty. Thomsen Holman Wheiler PLLC can assist in explaining this liability.

Commonly, claims grounded from harsh liability assert that the product was nontypically unsafe when it was sold to the product user and that the injured person should only have to show that the product was faulty and caused the complained of harm. There are, often times, many different types of product defects: (1) design defects; (2) manufacturing defects; and (3) marketing defects. Periodically, all three defects are claimed to exist in a product.

Design defects are difficulties with the product that existed prior to it being manufactured. Manufacturing defects arise during the construction or production of the product and are often a deviation from the aimed design of the product. Defects in marketing incorporate improper instructions and/or a failure to deliver proper warnings. Product liability claims may be brought against both the manufacturer and seller of the product. Even products that are made wholly outside the United States can subject the foreign manufacturer to liability within the United States. Whether the seller is ultimately accountable for damages caused by a product will likely depend upon the seller's knowledge of the product and its alleged defects.

Each state possess its own statute of limitations-the time by which a claim absolutely must be filed or it is lost. From time to time, more than one statute may relate being conditioned upon the type of claim being made. The time period most often starts to run from the date the injury or harm happened. Yet, some states have a discovery rule that postpones the starting of the statutory period until the harm or injury is recognized. The discovery rules normally have limitations also. Buyers, users, and bystanders could potentially sue for damages or injuries received by a defective product. The attorneys at Thomsen Holman Wheiler PLLC have experience dealing with claims against manufacturers and sellers of products. We have upheld and prosecuted product liability law claims. If you have been injured by a flawed product or if you are facing a claim that your product caused damage to someone, we would be happy to visit with you.

Law Idaho Falls and Wrongful Death

Hiring a legal representative can be crucial in many areas of the law. Has someone you loved died because of negligence of another person? Yes, Thomsen Holman Wheiler PLLC, or THW Law, can help Idaho Falls residents with knowing how to handle a wrongful death Idaho Falls.

A "wrongful death" happens when a person dies as the effect of the negligence of another person. Familiar examples of wrongful death include deaths proceeded from automobile accidents, plane crashes, and industrial accidents. A wrongful death may also occur as a result of institutional disregard. For example, if a nursing home or hospital neglects to supply proper care or medication for a loved one and such neglect transpires to that person's death, then this could be a wrongful death situation. If a family member is institutionalized for depression or suicidal predispositions, and the institution fails to properly care for this person, resulting in a suicide, then this also could be a wrongful death situation.  Let Thomsen Holman Wheiler PLLC support you with any legal needs if you suspect Wrongful Death Idaho Falls. Idaho Falls law is ready to provide aid.

Damages for wrongful death consist of loss of monetary support in addition to damages for non-monetary losses such as loss of love and companionship. Damages for loss of monetary support, which might happen if a family's main bread winner died due to the recklessness of another, can be major and generally require the services of an expert economist to determine.

To bring a claim for wrongful death Idaho Falls, the claimant is required to be an "heir" of the deceased person. The term "heir" usually means that the person making the claim must be the spouse, parent or child or, in some circumstances, the brother or sister of the deceased person.

In all negligence cases in Idaho, there is a two year statute of limitations. (Some states have longer or shorter statutes of limitations.) This means that you are compelled to file suit within two years of the death of your loved one. If you do not file suit within two years, then your suit will be forever banned by the statute of limitations.

Idaho Falls law can assist. THW law is the ideal law firm to help you manage a wrongful death Idaho Falls and get you where you need to go. Contact Thomsen Holman Wheiler PLLC today to help you feel at peace.

Lawyers and Estate Planning

People who do not have an estate plan in place may want to get in touch with THW Law to discuss the process. Estate planning is extremely important for a large number of reasons whether a person has only a few assets or a large and complex estate, and an Idaho Falls law firm such as Thomsen Holman Wheiler PLLC can help.

There are two central components to estate planning Idaho Falls. One component is what should happen to a person's belongings after that person's death. The other is preparing in case the person were to become incapacitated.

If these documents are completed, the state will decide what happens to a person's assets. This might be a long and expensive process under law Idaho Falls, and the estate could possibly go to unintended beneficiaries. Smart estate planning Idaho Falls might reduce taxes and other costs. With no plans in place in case of incapacity, a loved one may likely have to go through a similarly long and costly journey of getting guardianship so that he/she will be able to make medical and financial decisions on a person's behalf.

A will or a trust and powers of attorney that pertain to finances and health care are the minimal documents a person could need as part of Idaho Falls estate planning. There might also be documents known as beneficiary designations associated with assets that may include life insurance policies and some retirement plans that name someone to receive those assets. A will can name who should obtain which assets. It also can name guardians for minor children. For more complicated estates, a person might need to create a trust.

Along with powers of attorney for health care and finances, a person could potentially want to consider a living will that outlines preferences for end-of-life care.

There are do-it-yourself legal documents obtainable online for Idaho Falls estate planning, but there may be a number of problems associated with these. It is very easy to make errors that might conflict with the law Idaho Falls or the state has in place and make the documents invalid. Further, talking with a legal professional at THW Law may help a person create a more successful estate plan. For example, the person may be unaware of certain options such as the special needs trust that can provide support to loved ones. Therefore, meeting with an attorney can make certain that the estate plan is consistent with law Idaho Falls.

By working with a legal representative at Thomsen Holman Wheiler PLLC, the Idaho Falls law firm,a person can create an estate plan that exactly reflects that person's wishes. Idaho Falls estate planning can bring peace of mind and protection to people and their families.

Why Attorneys are Essential and Can Be Trusted

Attorneys are a fundamental element of the American system of law and are fully necessary in charting a course towards justice. Attorneys are well-versed in all sorts of legal areas, whether be it from real estate, businesses or more complex legal precedents. Whether a person was completely unaware of one of the thousands of new laws passed and made an honest mistake or is innocent of all charges, an attorney Idaho Falls will be the best weapon that the average citizen can wield against the complex legal system. After many years of training in law school, attorneys are the most knowledgeable individuals in the country and are committed to helping people and their businesses thrive in today's world.



It's also of immense importance that a business hires an Idaho Falls attorney as soon as possible, as they possibly can often be mired in far greater legal waters than the average individual. Each year the local and federal governments pass thousands of new regulations that make running a business more difficult. Everything from new environmental policies to the contractual obligations of employees, an attorney Idaho Falls can be the wisest investment decision in helping run the smoothest and most efficient business.



Though it might be a challenging task to try and find an Idaho Falls Attorney, the facts indicate that Thomsen Holman Wheiler PLLC is definitely the best way to go. Thomsen Holman Wheiler PLLC has decades of experience and a vast amount of understanding concerning Idaho Falls Law. Idaho Falls THW Law has long been serving the citizens of Idaho Falls and the surrounding areas for more than 28 years and know how to use Idaho Falls Law to assist their clients have the successful business they deserve. THW Law Idaho Falls supplies a range of assistance to their clients and acts as the best Idaho Falls Attorney in the surrounding area. Everything from managing real estate, business or individual legal concerns are all included in THW Law Idaho Falls. To put it simply, THW Law Idaho Falls is the ideal attorney Idaho Falls provides.



Overall, attorneys serve a crucial role in the legislation and universally have the best intentions for their clients, because their reputation is usually tethered to their rates of success. In the Idaho Falls area, Idaho Falls THW Law offers the best service in every conceivable domain of law and certainly is the best attorney Idaho Falls.

Idaho Falls and Workplace Injuries

In case you are injured on the job you might be eligible for worker's compensation benefits. You need to first seek medical care for your injury, and then quickly notify your employer. You could be entitled to four types of worker's compensation benefits. Let Thomsen Holman Wheiler PLLC help with any legal issues for Idaho Falls Workplace Injuries.


The very first is medical benefits. Your employer's insurance company should pay all costs of reasonable medical or chiropractic care caused by your injury, for as long as it requires to get you well. This consists of physical therapy and medication.



The second kind of benefit is the temporary total disability benefit or TTD. This is an income replacement which takes over after a five day waiting period. It is meant to compensate you for lost income while you are healing from your injury. The TTD benefit will often pay you about two-thirds of what you had been earning before your injury. The TTD benefit will carry on until your doctor releases you to go back to work.



The third form of benefit is the impairment benefit. If your injury leads to loss of bodily function, like a decreased capacity to lift heavy weights, a loss of range of motion or the like, then you'll be eligible for a cash award. The amount of the award will be based upon the seriousness of your impairment. A doctor determines the severity of the impairment.



The fourth form of benefit is the disability award. If your impairment produces a loss of opportunity to earn income, then this loss can be compensated by a disability award. The amount of the disability award is determined by a number of factors, including the degree of impairment, your education and job skills, and the accessibility to employment in your area. A THW Law attorney can assist you to receive a disability evaluation and disability award.



Worker's compensation is a complex area of the law, but THW Law can help. If you've been injured on the job and are worried about your rights, contact Thomsen Holman Wheiler PLLC for a free consultation. We will explain your rights and options.

Intellectual Property and THW Law

What is Intellectual Property?

Intellectual property handles ownership of certain ideas, inventions, trade secrets, patents, copyrights, trade dress, service marks, trade marks, or trade names, and also the legal or illegal use of this property. The four main kinds of intellectual property are:

Trademark

A trademark could be a logo, name, symbol, design, or device used to differentiate a product or service of one business from that of another. Example: Nike's swoosh. Ownership of a trademark is produced not by registration, but by use in commerce. Generally, registration of a trademark is not needed. However, registration with the U.S. Patent and Trademark Office has certain benefits. Protection of a registered trademark lasts for ten years after registration, and it is renewable.

Patent

A patent is definitely the right to exclude others from making, using, selling, or recording an invention or discovery, including new and improved products and processes. Patents may be registered in foreign countries, last for twenty (20) years, and are renewable. But, if the patent expires, distinctive rights to use, sell, or import the invention or discovery is lost. Unlike trademarks, patent rights really do not exist unless and until the patent is registered.

Trade Secrets

Trade secrets (included in state instead of federal laws) include formulas, patterns, compilations, programs, devices, methods, techniques, or processes, which includes some economic value because of its not generally known or readily discoverable by competitors. The owner should also use reasonable efforts to keep the secrecy of the trade secrets. Trade secrets cover a much broader array of marketable ideas than patents, and they steer clear of the expensive patent registration process. Unlike patents, a legitimate trade secret lasts so long as you use reasonable efforts to keep it secret. Examples of a trade secret comprise of Coca Cola's formula for its soft drink, customer lists and files, software source code, strategic business plans, annual operating plans, marketing plans, machine designs, customer information, pricing lists, bid information, profit margins, etc. Reasonable strategies to secrecy can include computer passwords, locked file drawers, confidentiality agreements, etc.

Copyright

A copyright safeguards original works of authorship including literary, dramatic, musical, and artistic works, including poetry, novels, movies, songs, computer software, television shows, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, even though it may protect the way these things are expressed. Just like a trademark, a copyright is established when the work of authorship is created. Unlike a trademark, to be able to file a lawsuit for infringement of a copyright, the copyright must first be registered.

Do I Need an Intellectual Property Attorney?

Idaho Intellectual property attorneys cover an extensive area of legal issues involved with contracts, patents, trademarks, copyrights, trade secrets, trade dress, agreements, and other related issues. There are numerous pitfalls that a qualified intellectual property attorney can help you avoid, and many benefits a Idaho intellectual property attorney can help you acquire. If you are associated with any of the above intellectual property issues, or even if you are wondering whether any of your ideas, works, business names, designs, or logos, or other information, is or could become qualified for legal protection, you ought to consult with a qualified THW Law intellectual property legal professional.

Mediation and Idaho Falls

Mediation is surely an alternative means of resolving disputes instead of filing a lawsuit or, in case a lawsuit has already been filed, rather than going to trial. Quite often in Idaho, if a lawsuit has actually been filed, judges will order that the case be mediated before the case is permitted to proceed to trial. Mediation is essentially a procedure where a trained independent person gets the parties to a dispute together and helps them come to a mutual resolution of their dispute. Thomsen Holman Wheiler, PLLC, has considerable experience representing individuals in mediation in Idaho Falls. Further, Curt R. Thomsen and James D. Holman of the firm are skillfully trained mediators and on the Idaho Federal Court and Idaho Supreme Court list of authorized civil mediators for the State of Idaho. Mr. Thomsen and Mr. Holman not only represent clients as an advocate in mediation but are also designated by judges to act as the mediators of a dispute and are hired by individuals, other law firms and companies to act as an independent mediator to assist parties resolve their disputes.



Many reasons exist for why mediation is preferable to litigation. The list actually could nearly be endless but take into account the following:



1. Substantial expense is saved.

2. The risk of trial, which includes adverse verdicts and appeals, is avoided.

3. A settlement obtained through mediation is under the control of the parties at the mediation. No settlement can occur unless everyone agrees.

4. Remedies can be fashioned that the judicial system cannot provide.

5. A resolution can be reached much sooner than waiting for trial, and then sometimes appeals, so people can go on with their lives.

6. Many times through mediation hard feelings can be overcome and relationships preserved that litigation may destroy.

Some other Disputes in Idaho Falls

Automobile Insurance

The State of Idaho mandates that anybody who registers an automobile in the State of Idaho have liability insurance. Liability insurance is necessary by law, but there are numerous other types of automobile insurance that ought to be considered; those include comprehensive, collision, uninsured and underinsured motorist coverage. Idaho law makes it necessary that somebody who registers a vehicle to operate on the highways in Idaho carry a minimum of $25,000/$50,000 liability insurance. Liability insurance provides liability coverage for up to $25,000 for just one injured person and no more than $50,000 for all persons injured in a single accident. However, some individuals in violation of the law do not carry automobile liability insurance and, therefore, it is prudent for those who operate automobiles on the highways to carry both uninsured motorist and underinsured motorist coverage. Uninsured motorist coverage pays only when the person that causes your injury through their negligence doesn't have insurance. Underinsured coverage provides coverage to a person injured by the negligence of another if the other person's insurance coverage is under the underinsured motorist coverage carried by the injured person. For instance, if Party A was injured by the negligence of Party B and Party B had $25,000 of insurance but Party A's medical bills were $50,000, then if Party A had uninsured motorist coverage it wouldn't help him because Party B had insurance. However, if Party A had underinsured motorist coverage with a policy limit of $50,000, he would be capable of obtain another $25,000 from his own insurance company as well as the $25,000 available from the insurance company of Party B who caused the injury. Comprehensive insurance is insurance to cover damages to a person's automobile that may be caused by things like hail or vandalism. Collision insurance would pay for the property damage to the policyholder's car occurring in a collision, whether or not the collision was caused by the negligence of the policyholder.

Life Insurance

According to law of Idaho, life insurance pays to the named beneficiary the sum of the policy upon the death of the individual whose life was insured.

Accident Insurance

There are many kinds of accident insurance in Idaho law, but typically it offers additional insurance coverage when the insured's death is caused by an accident.

Health Insurance

Health insurance, whether it's group or individual insurance, is supposed to cover particular types of medical expenses incurred by an individual or that individual's family if there is family coverage. There are numerous forms of health insurance, with many different amounts of coverage, deductibles, etc.