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.