Idaho Personal Injury Laws

When an injury was fraudulently and knowingly concealed by the wrongdoer in a professional or commercial relationship, the claim accrues when the injured party knows or should have known of the injury.

The statute of limitations is tolled for minors until they reach age 18, at which point the standard 2-year period begins running.

Wrongful death actions must be filed within 2 years of the date of death, not the date of the underlying incident.

Idaho caps noneconomic damages (pain and suffering, emotional distress) at a base of $250,000, adjusted annually by the Idaho Industrial Commission based on changes in the average annual wage. The cap does not apply if the defendant acted with willful or reckless misconduct or committed a felony.

Idaho does not cap economic damages such as medical expenses, lost wages, and future care costs.

Punitive damages require an amendment to the complaint and proof by clear and convincing evidence of oppressive, fraudulent, malicious, or outrageous conduct. The court determines whether to allow the claim to proceed.

Idaho has limited joint and several liability. Each defendant is generally liable only for their proportionate share of damages. Joint and several liability applies only when defendants acted in concert, in an agency relationship, or in certain other limited circumstances.

Claims against the State of Idaho or its political subdivisions must be filed within 180 days of the incident. Failure to provide timely notice bars the claim.