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1. Idaho Statute of Limitations

   (How long you have to file a claim in Idaho)

   In Idaho you generally have 2 years to file your injury claims. This 2 year filing period includes medical malpractice claims, product liability, and all personal injury cases.

2. Car Accident in Idaho? Idaho is a Fault State

   Fault rules apply solely to car accident claims. In Idaho car accident cases, the insurance pays by who is at fault assuming the 50% rule applies.

3. Idaho follows the 50% rule

   This is a modification of the comparative negligence rule. If you are determined to be 50% or more at fault you cannot sue or receive any type of compensation. But if you are 49% or less at fault you can sue. An example would be: if you are determined to be %35 percent at fault then you can try to collect damages for 65% (the amount of the other parties negligence). If multiple people or vehicles are responsible, the fault is apportioned through all parties to pay damages equal to the percentage of their fault.

4. Damage Caps in Idaho Injury Law?

   (How much can I get?)

   There are different types of damages in Idaho. Emotional issues and pain and suffering fall into the Idaho non-economic damage category. If these damages are not limited, the damage can be capped at $250k. Another damage, one that is meant to punish the person who wronged, is called Idaho punitive damages. These Idaho punitive damages are also capped at $250,000. An Idaho personal injury lawyer can assist you further with specific details of these caps.

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