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Idaho Personal
Injury Law
The following summary of Idaho personal injury laws and case
explanations will help you understand important aspects of injury
claims in this state.
Idaho Statute of Limitations:
ANY Personal Injury: 2 years
Medical Malpractice: 2 years
Products Liability: 2 years
Caps on Personal Injury Awards in Idaho:
There is a $250,000 cap on non-economic damages in medical malpractice
cases. Pain and suffering in personal injury or death actions is also
limited to no more than three times compensatory damages up to
$250,000.
Punitive damages (reserved for wanton and reckless conduct) is also
limited to three times compensatory damages up to $250,000.
Idaho Serious Injury Threshold:
There is no serious injury threshold in the state of Idaho.
Idaho is a
Fault state, meaning that the insurance adjuster will pay
according to who is or is not at fault.
Personal Injury Claims & Theories of
Liability in Idaho:
Wrongful
Death: When a plaintiff dies as a result of the negligence of
another, that person may be liable for the damages of the injured party.
Slip and
Fall: When an individual slips, trips or falls on the
premises of another, the property owner may be responsible for the
damages of the injured party.
Auto
Accidents: These injuries occur when a negligent driver
causes injury or property damage to another as a result of his/her
negligence.
Medical
Malpractice: When a medical professional or hospital fails to
exercise that degree of care and skill required of a medical provider,
they can be held responsible for the damages of the plaintiff.
Product
Liability: When an injury occurs as a result of manufacturing
and distribution of a product that causes damage, the manufacturer and
distributor will be held strictly liable as a result.
Workers'
Compensation: Idaho is a compulsory state therefore all
employers must carry workers compensation insurance. If an
employee is injured while working, the employer will be responsible for
compensating the injured party for his injury.
For More
Information Check out these sites:
Official
Idaho State Website
Idaho
Department of Insurance
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