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