Tolson & Wayment Tolson & Wayment

Idaho Falls Litigation Attorneys

Litigation Representation in Idaho and Montana

When going to court, you deserve legal representatives who are knowledgeable, communicative, and driven to deliver optimal results. At Freedom Law, we offer judgment-free advocacy to individuals, families, and businesses. Our Idaho Falls litigation lawyers have over 15 years of experience and understand how a wide spectrum of cases are adjudicated in Idaho and Montana courtrooms. No matter your circumstances, we will leverage our extensive skills to protect and advance your interests.  

If you're involved in litigation, schedule a consultation by calling (208) 271-4403 or contacting us online. We offer flexible payment options and services in English and Spanish.

Types of Litigation We Handle in Idaho and Montana

Our team at Freedom Law can help you pursue legal action against another party or represent you if another person or entity is taking legal action against you. We understand how to approach complex courtroom matters from both sides. When you come to us for assistance, we will carefully evaluate your situation, help you explore your legal options, and develop a tailored strategy designed to achieve a favorable outcome.

Our Idaho Falls litigation attorneys can assist you with many types of cases, including those involving:

  • Bankruptcy Litigation. A straightforward, conflict-free bankruptcy case will not require any litigation. In some cases, however, a creditor, trustee, or filer may need to initiate adversary proceedings to resolve a dispute relating to the bankruptcy. Adversary proceedings may involve clarifying whether a debt can be discharged, determining whether all estate property has been appropriately disclosed, or objecting to any of the court’s, trustee’s, or debtor’s actions. 
  • Breach of Contract. Individuals and companies rely on contractual agreements to safely conduct business and complete corporate transactions. When a person or entity is harmed because another party fails to uphold their contractual responsibilities, the injured party can pursue legal action and potentially obtain compensation to cover their losses. 
  • Failures to Disclose Property Defects. In Idaho, sellers are required by law to fill out property disclosure forms in advance of a real estate transaction. This means home sellers must proactively inform prospective buyers of any known property defects, such as structural problems or pest infestations. If a property owner fails to disclose known defects, a home buyer can attempt to hold the seller accountable in court. Conversely, Montana law does not explicitly require sellers to make any disclosures. However, they cannot intentionally misrepresent the state of the property (including any known defects), so there may still be cause for legal action if there is evidence a seller deliberately misled a buyer.
  • Guardianship and Conservatorship Disputes. When someone is unable to care for themselves or manage their own affairs without outside assistance, a court may permit a guardian and conservator to look after their well-being and finances, respectively. The process of becoming a guardian or conservator can be contentious, particularly if family members disagree on who should care for the ward or whether a guardianship or conservatorships is even necessary. These conflicts must be resolved through litigation before a guardianship or conservatorship can be established. 
  • Misappropriation of Trade Secrets. Many companies are understandably concerned about the unauthorized dissemination of proprietary information. Most businesses will use non-disclosure agreements (NDAs) to limit the possibility of leaks. If an employee, independent contractor, or any other party breaks their NDA, your business can take legal action to obtain compensation for the damage their breach caused. 
  • Will Contests and Other Estate Planning Disputes. Interested parties have the right to contest a deceased person’s will on certain grounds, such as lack of capacity, undue influence, and execution problems. A will contest freezes the probate process and must be decided through litigation before any distribution of assets can occur. If the will contest is successful, the current will is discarded. If another valid draft of the document exists, that will may be entered. Otherwise, the deceased person’s estate becomes subject to their state’s intestacy laws, which generally means their property will be divided amongst their most immediate surviving heirs.

Personal Injury Litigation

If you’ve been injured because of someone else’s negligence, you may be entitled to compensation. Personal injury litigation helps victims seek justice and recover damages for the harm caused. Our attorneys can assist you in securing compensation for:

  • Medical Bills: If your injury required medical treatment, we will work to ensure you are reimbursed for hospital visits, surgeries, therapy, medications, and any ongoing care.
  • Lost Wages: Injuries often lead to missed work. You shouldn’t have to bear the financial burden of lost income due to someone else's actions.
  • Pain and Suffering: Beyond medical costs, you can also seek compensation for emotional distress, physical pain, and the impact your injury has on your quality of life.

We handle all types of personal injury cases, including car accidents, slip-and-falls, and workplace injuries. Our goal is to ensure that you are fairly compensated for all the ways your life has been affected by the injury.

Real Estate Litigation

Real estate disputes can be complex, but our experienced attorneys are here to guide you through the process. Some common types of real estate litigation we handle include:

  • Property Defect Disputes: If you’ve purchased a home or property and later discovered undisclosed defects, such as structural issues or pest infestations, we can help you take legal action against the seller.
  • Lease Agreements: We assist both tenants and landlords in resolving issues over lease terms, rental payments, and violations of lease conditions.
  • Landlord-Tenant Disputes: Whether you’re dealing with eviction, maintenance problems, or security deposit disagreements, our team is here to represent your interests.
  • Property Ownership and Boundary Disputes: We also help resolve conflicts over property boundaries or unclear ownership rights.

We are committed to protecting your interests in real estate transactions, ensuring your rights are upheld in court.

Insurance Litigation

If your insurance company has unfairly denied or underpaid your claim, you don’t have to face them alone. Our attorneys specialize in:

  • Claim Denials: We can help you challenge denied claims and fight to have your claim reconsidered.
  • Bad Faith Practices: If your insurer is acting in bad faith, delaying payments, or attempting to settle for less than you deserve, we will hold them accountable.
  • Maximizing Your Compensation: Our team works to ensure you receive full compensation under your policy, whether it’s for medical bills, property damage, or lost wages.

We fight for your rights against insurance companies that attempt to avoid paying legitimate claims.

Employment Disputes

Employment law issues can be challenging, but we are here to help employees navigate disputes with employers. We assist with:

  • Wrongful Termination: If you believe you were fired unfairly or in violation of employment laws, we will work to protect your rights and seek appropriate remedies.
  • Workplace Harassment: Discrimination or harassment in the workplace is unacceptable. Our attorneys can help you address these issues through legal action.
  • Wage Claims: If you’ve been underpaid, denied overtime, or experienced other wage-related issues, we will help you seek fair compensation.
  • Violations of Employee Rights: We represent employees in cases involving violations of rights such as unpaid leave, unsafe working conditions, or discrimination.

Our attorneys are dedicated to ensuring employees in Idaho and Montana are treated fairly and justly in the workplace.

Comprehensive Litigation Services in Idaho Falls

Navigating legal challenges can be overwhelming, whether you're dealing with bankruptcy, personal injury, real estate disputes, or other legal matters. At Tolson & Wayment, we offer experienced legal support for a wide range of litigation needs in Idaho Falls and the surrounding communities.

Litigation can be overwhelming for clients, presenting challenges that create significant emotional and financial strain. Disputes, conflicts, and complex legal processes often leave clients feeling uncertain and vulnerable, requiring skilled legal support to navigate these situations effectively.

The legal landscape in Idaho, including the local court systems like the Bonneville County Courthouse, can be complex. While resources such as the Idaho State Bar and the Idaho Department of Health and Welfare provide some assistance, they may not address the specifics of your unique situation. That’s where our team at Tolson & Wayment steps in.

Our experienced attorneys understand the intricacies of a variety of legal matters and are committed to providing personalized, compassionate, and effective representation. We take the time to listen to your concerns, understand your goals, and develop a strategy tailored to your case.

Have questions about your legal options in a dispute? Contact us online or call (208) 271-4403 to discuss your case with our Idaho Falls litigation lawyers.

Frequently Asked Questions (FAQs)

  • What should I do immediately after an injury?
    If you've been injured due to someone else’s negligence, seek medical attention right away. Document the injury by taking photos, gathering witness statements, and reporting the incident to the appropriate authorities. Contact a personal injury attorney as soon as possible to preserve evidence and ensure you understand your legal options.
  • How long do I have to file a personal injury claim?
    The statute of limitations for personal injury claims varies by state and type of case. In Idaho and Montana, the general rule is that you have two years from the date of the injury to file a claim. It’s important to act quickly to ensure you don’t miss any deadlines. Our litigation lawyers can help you understand the time limits and protect your rights.
  • Can I resolve my real estate dispute without going to court?
    Many real estate disputes can be settled through negotiation or alternative dispute resolution methods, such as mediation or arbitration. However, if a resolution cannot be reached, litigation may be necessary. Our litigation lawyers can guide you through the most efficient process to resolve your issue.
  • What if my insurance claim is denied?
    If your insurance claim is denied, it’s crucial to understand why. In some cases, insurance companies deny claims based on technicalities or misunderstandings. Our attorneys can help review the denial, appeal the decision, and, if necessary, pursue legal action to ensure you receive the compensation you’re entitled to under your policy.
FAQ Learn More About How
We Can Help You
  • Do I Need Title Insurance When Buying a Home in Idaho or Montana?

    It is generally a smart idea to get title insurance even if you perform a thorough title search on the property you are intending to purchase. Title insurance can offer financial security if an unexpected title issue arises down the road.

  • What Are the Advantages of a Conservation Easement?

    Beyond environmental mindfulness, a conservation easement can provide considerable tax and estate planning benefits. Because conservation easements cannot typically be undone, they lower a property’s value, thus lowering the property owner’s overall taxable estate. The property owner may also be able to deduct the value of the conservation easement on their personal tax return.

  • What Is a Conservation Easement in Idaho or Montana?

    A conservation easement is a type of voluntary agreement made between a property owner and either a qualifying nonprofit or a government agency. When a property owner decides to establish a conservation easement, they agree to permanently limit the types of development that can occur on that property. For example, a conservation easement on a property with a forest teeming with natural resources may mandate that the forest never be torn down or developed. A conservation easement becomes part of the property’s deed.