Idaho Personal Injury Law Resources

Idaho presents a challenging environment for personal injury plaintiffs in several respects. The state imposes a non-economic damage cap (adjusted annually for inflation and currently exceeding $490,000), follows modified comparative negligence with a strict 50% bar that compares fault individually against each defendant, and caps government liability at $500,000. On the positive side, Idaho's comparative negligence system replaced the old contributory negligence rule, and the non-economic damage cap does not apply in cases involving reckless or intentional conduct.

Statute of Limitations

Idaho's general personal injury statute of limitations is two years from the date of injury under Idaho Code § 5-219. This applies to most negligence-based claims including motor vehicle accidents, slip-and-fall injuries, premises liability, product liability, and wrongful death.

Specific Deadlines

Wrongful death: Two years from the date of death.

Medical malpractice: Two years from the date of the negligent act, with the discovery rule potentially extending the deadline when the injury was not immediately apparent.

Property damage: Three years from the date of the damage under Idaho Code § 5-218.

Minors: The two-year statute of limitations does not begin running until the minor reaches age 18. This provides significant additional time for children injured through negligence.

Discovery Rule

Idaho recognizes the discovery rule, which allows the statute of limitations to begin running from the date the injured party discovers, or reasonably should have discovered, the injury and its connection to the defendant's negligence. This is particularly relevant in medical malpractice and toxic exposure cases where harm may not be immediately apparent.

Government Claims

Claims against government entities in Idaho are subject to different rules and shorter deadlines. A notice of claim must typically be filed within 180 days of the incident. The Idaho Tort Claims Act (Idaho Code § 6-901 et seq.) governs these claims and imposes strict procedural requirements.

Modified Comparative Negligence (50% Bar Individual Comparison)

Idaho follows a modified comparative negligence rule under Idaho Code § 6-801, but with an important nuance that makes it particularly strict. A plaintiff can recover only if their negligence is "not as great as" the negligence of the person against whom recovery is sought. This means:

• The plaintiff must be less than 50% at fault to recover (a plaintiff who is exactly 50% at fault is barred).
• In cases with multiple defendants, the plaintiff's fault is compared individually against each defendant not against the combined fault of all defendants. This is a critical distinction.

For example, if a plaintiff is 20% at fault, Defendant A is 20% at fault, and Defendant B is 60% at fault, the plaintiff can only recover against Defendant B (whose fault exceeds the plaintiff's) but cannot recover against Defendant A (whose fault equals the plaintiff's). This individual-comparison approach can significantly limit recovery in multi-party cases.

When the plaintiff's fault is below the threshold, damages are reduced proportionally by the plaintiff's percentage of fault.

Damage Caps

Non-Economic Damages Inflation-Adjusted Cap

Idaho caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement) at a base of $250,000 under Idaho Code § 6-1603. However, this cap is adjusted annually for inflation by the Idaho Industrial Commission based on changes in the average annual wage.

As of July 1, 2024, the inflation-adjusted cap was approximately $490,512. The cap is per claimant, not per defendant meaning you cannot recover more than the capped amount regardless of how many defendants are liable.

Exceptions when the cap does NOT apply:

• The defendant's conduct was willful, reckless, or intentional (not merely negligent)
• Cases involving certain types of egregious misconduct

The cap does not apply to economic damages (medical bills, lost wages, lost earning capacity), which have no statutory limit.

Punitive Damages

Idaho allows punitive damages but imposes procedural requirements. Punitive damages require proof by clear and convincing evidence that the defendant acted in a manner that was an extreme deviation from reasonable standards of conduct.

Government Liability Cap $500,000

Under the Idaho Tort Claims Act, total damages against all government defendants in a single case are capped at $500,000, regardless of the number of injured persons unless the government entity carries liability insurance in a greater amount. The state is not liable for punitive damages.

Auto Insurance Requirements

Idaho is an at-fault (tort) state. The driver who caused the accident bears financial responsibility for the other party's injuries and damages.

Idaho's minimum auto liability insurance requirements are 25/50/15:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $15,000 per accident for property damage

Additional Coverage Notes

Idaho insurers must offer uninsured and underinsured motorist (UM/UIM) coverage, and the driver must expressly reject it in writing if they choose not to carry it. UM/UIM coverage is strongly recommended given Idaho's relatively low minimum liability limits.

Idaho does not require PIP (Personal Injury Protection) or no-fault coverage.

Driving without insurance in Idaho can result in fines, license suspension, and vehicle registration suspension.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Idaho are filed in District Court, which is the state's trial court of general jurisdiction. Idaho has seven judicial districts covering 44 counties. Venue is generally proper in the county where the defendant resides or where the cause of action arose.

Magistrate Division handles smaller civil claims (generally under $10,000) and does not conduct jury trials in civil cases.

Service of process must be completed within 182 days after filing the complaint, or the court may dismiss the defendant from the lawsuit.

Common Types of Personal Injury Cases in Idaho

Idaho's geography, rural character, and outdoor recreation culture generate distinctive personal injury litigation. Common case types include motor vehicle accidents (particularly on rural two-lane highways and mountain roads), trucking accidents (Idaho sits on major freight corridors including I-84 and I-86), motorcycle injuries, agricultural and farming accidents, premises liability, medical malpractice, product liability, construction accidents, recreational injuries (skiing, whitewater rafting, hiking, hunting), dog bites, wrongful death, and ATV/off-road vehicle accidents. Idaho's significant seasonal tourism, particularly in resort areas like Sun Valley and McCall, also generates visitor injury claims.

This page provides general legal information about Idaho personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Idaho to discuss the specific facts of your case.