We only provide information or accept cases for injuries occurring in Idaho.
Contact us if your medical expenses exceed $5,000.00.
Practice Areas and Legal Definitions
Negligent Claims/Suits:
A claim/suit may be based on the negligent acts or omissions of another person, partnership, corporation, or government entity. A negligent act is the failure to act in the way a reasonable and prudent person would under the same or similar circumstances. A negligent omission is the failure to act in the way a reasonable and prudent person would have acted under the same or similar circumstances. The negligent act or omission must be a proximate cause of the damages sustained by the injured person.

Industrial Accidents/Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job as a result of an accident or suffers an occupational disease as a result of an “on the job” exposure to substances or repetitive trauma. Idaho law requires and employer to provide an injured employee with medical care which may include: medical, surgical and hospital services; dental services; crutches; hearing aids; chiropractic treatment; physical therapy; nursing care and prescribed medications. Additional monetary compensation may be provided if an injured employee is temporarily unable to work or is hospitalized as an in-patient or becomes permanently disabled due to a job-related injury or illness. Permanent impairment benefits may be recovered for an anatomic loss. Permanent disability benefits may be recovered for an injured employee for non-medical factors such as loss of access to the labor market, age, occupation at the time of injury, as well as loss of wage earning capacity among other things. Some workers are so injured that they may be entitled to income benefits for life. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. A worker/heir who is entitled to receive workers compensation benefits is not generally allowed to sue his/her employer for negligence.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's personal representative as well as the decedent’s immediate family members which include a surviving spouse and children, and parents. In some cases, other family members may have a right to recover if they were partially or totally dependent upon the decedent for support. In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived. It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Intervertebral Disk (Disc) Injuries:
Intervertebral Disk (Disc) Injuries are associated with the spinal column. In the normal human spine each of the vertebra of the spinal column has a disc that separates one vertebra from another. The disc is a rounded circular plate with a tough outer fiber (the annulus). The outer fiberous annulas serves as a capsule for a gelatin-like substance. It is not unusual for trauma to result in a herniated disk which allows the internal disk material to protrude through the annulus and press on one of the nerve roots leaving the spinal column. This generally produces a discernable set of symptoms that are specific to the nerve root being pressed on.

Fractures and Dislocations:
A fracture is a breaking apart of a bone or a rupture in a bone and these types of injuries are often associated with trauma. There are numerous types of fractures and their descriptions may depend upon the bone which has been fractured and the portion of the bone which has been fractured. A dislocation (luxation) is the displacement of a body part, especially a bone. They are often induced by trauma. They may be “partial” or “incomplete”. They may be “complete” in that one bone separates completely from the surface of its joint. A dislocation may even be “compound” or “complex” in that the joint is actually exposed to the open air.

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents we can assist clients with include:

• Automobile accidents
• Truck accidents
• Aviation accidents
• Bicycle accidents
• Intersection accidents
• Motorcycle accidents
• ATV Accidents
• Pedestrian accidents
• Rear end collisions
• Semi-tractor trailer accidents
• School bus accidents
• Commercial bus accidents
• Train accidents

The personal representatives and surviving family members of a fatally injured accident victim may be able to bring a claim for wrongful death against the defendant.

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Aviation Accidents:
Aviation accidents occur in a variety of different situations. While aviation accidents are those involving commercial airlines attract the most media attention, many accidents occur with private airplanes, and private helicopters. The leading causes of general aviation accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence). Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.
In 1958, The Federal Aviation Act was passed establishing the Federal Aviation Agency. There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970, and the Airline Deregulation Act of 1978. The main source for aviation law is federally based. States are prohibited from regulating rates, routes, or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.

Wrongful Death Caused by Airplane Accident:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death caused by an airplane accident belongs to the decedent's personal representative and immediate family members. In Idaho, one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived.  It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.

Airplane Accident Mechanical Failure:
Airplane mechanical failure lawsuits may be brought against the owner &/or the maintainer of a private plane. If a mechanical failure results from a defect in the design or construction of an airplane or a component of the airplane, the suing party may establish a products liability claim against the manufacturer of the component or the airplane.

Aviation Accident Personal Injury Cases:
The airplane crash victim must prove that there was a negligent act or omision, and that as a result, the victim suffered injuries. The jury can award a plane crash victim monetary damages for pain and suffering, medical expenses, lost wages, both past and future, and inconvenience as a result of bodily injury.

Construction/ On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. Damages can be recovered under one of the following categories: strict products liability; negligence or breach of warranty.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

If you or someone you know needs the assistance of an experienced Boise, Idaho Personal Injury Attorney, call Paul Penland today at 866-435-1793, or complete the contact form provided on this site to schedule your free consultation.

We only provide information or accept cases for injuries occurring in Idaho.
Contact us if your medical expenses exceed $5,000.00.
Professional Profiles

Our broad client base allows us to have a personalized yet aggressive statewide practice in the areas of personal injury and workers compensation. Paul Penland has over 32 years in the practice of law. We have a support staff of paraprofessionals who assist in moving our cases forward. The areas of practice emphasized include personal injury cases, workers’ compensation, general civil litigation, and insurance defense. We are located in Boise close to the core business area, State Capitol, state courts, and the Idaho Industrial Commission.

If you or someone you know needs the assistance of an experienced Boise, Idaho Personal Injury Attorney, call Paul Penland today at 866-435-1793, or complete the contact form provided on this site to schedule your free consultation.

FIRM ADDRESS:
Penland Law Office Chartered
1161 W. River Street, Suite 250
Boise, ID. 83707
Telephone: 866-435-1793
Initial Free Consultation

Paul S. Penland

Paul Penland has been involved in litigating cases for over 32 years. He was one of the co-founders of the Workers’ Compensation Section of the Idaho State Bar. He appears regularly before the Idaho Industrial Commission. He is also admitted to practice before the state and federal courts in Idaho as well as the Ninth Circuit Court of Appeals and the United States Supreme Court. When not acting as an advocate on behalf of a person, partnership, or corporation, Mr. Penland may be found teaching seminars to attorneys and other professionals, working as an arbitrator in the private dispute resolution process, acting as a hearing officer in governmental employee/employer disputes and licensing matters. Mr. Penland is also a licensed private pilot. Over the course of his career he has handled cases involving death or injury arising out of crashes of small aircraft.

EDUCATION:

• Baylor University School of Law, J.D. 1975
  • Law Review Board of Editors
  • Teaching Assistant for Legal Research
• El Paso Community College, Colorado Springs, Colorado, 1971-1973, approximately 40 quarter hours of police science classes.
• Southern Methodist University, B.A., 1971

PROFESSIONAL MEMBERSHIPS & ACHIEVEMENTS:

Admitted to the U.S. Supreme Court Bar (1985-present); Ninth Circuit Court of Appeals Bar (1977-present); Idaho State Bar Association (1976-present); Idaho State and Federal courts (1976 – Present); Co-founding Member, Idaho Bar Association Workers’ Compensation Section (1987-present); Member, Boise Insurance Adjuster’s Association (1980-present – Former Secretary, Vice-President, and President); Idaho Association of Workers’ Compensation Sureties (1980-present); City of Boise, Idaho, Hearing Officer on intermittent basis; Hearing Officer and Idaho Board of Occupational Licensing; American Arbitration Association trained arbitrator; Member, American Bar Association.