Searching for an Idaho personal injury lawyer for your case? Call RP Legal Group now.
Have you had a car accident while traveling along Idaho’s many scenic roads? Or maybe you’ve slipped and fallen in the grocery store. If you’ve been injured, RP Legal Group can help.
RP Legal Group handles all types of personal injury cases in Boise, Coeur d’Alene, Idaho Falls, Logan, and other Idaho cities. Call us at (888) 340-7454 to speak with an ID personal injury lawyer now.
Read some of our client reviews to see why we’re Idaho’s premiere personal injury firm.
What To Know About Filing a Personal Injury Lawsuit in Idaho
To file a personal injury claim in Idaho, you must understand the state’s damage caps, statute of limitations, and comparative negligence rules. We explain each of these in detail below.
Time Limits for Personal Injury Lawsuits
In Idaho, you generally have two years from the date of your injury to file a personal injury lawsuit (Title 5, Chapter 2, § 5-219). If you’re suing for medical malpractice due to a foreign object left in your body, the clock starts ticking as soon as you discover the object. You might also have more time if the injury was “knowingly and fraudulently concealed” from you.
If you wish to sue the Idaho government or its employees, you must first file a claim with the Secretary of State. You have only 180 days to do this. Once you’ve filed a claim, you have two years from the date of the accident to file a personal injury lawsuit.
There are a couple of exceptions to the general two-year deadline. If the defendant flees Idaho, the statute of limitations begins when they return to the state or six years from the date of your injury, whichever is earlier.
If the claim involves a minor under 18, the statute of limitations is temporarily paused until the earlier of the minor’s 18th birthday or six years from the date of their injury.
Personal Injury Damage Caps
Idaho is one of many states that caps non-economic damages for personal injury claims. The state imposes a base $250,000 cap that it adjusts annually for inflation. In 2024, the cap is $430,740.03.
The damages cap doesn’t apply if your injuries were caused by reckless or willful conduct or if they were caused by an action that that court determines constitutes a felony.
Idaho’s Comparative Negligence Rules
Idaho follows modified comparative negligence rules. You can’t recover damages if you’re more than 50% at fault for your injuries. If you’re less than 50% responsible, the court will reduce your award by your degree of fault.
To determine fault, the court will look at all available evidence, which might include:
- Pictures of the accident scene and your injuries
- Video footage
- Police reports
- Witness statements
- Accident reconstruction reports (for auto accidents)
- Vehicle maintenance records
- Truck black box data (for commercial truck accidents)
An Idaho personal injury lawyer from RP Legal Group can help minimize your degree of fault.
How To File a Personal Injury Claim in Idaho
It’s a good idea to have an attorney who is a member of the Idaho State Bar help you with this step. Filing a lawsuit is complicated, and you don’t want to make a mistake that could hurt your case.
You’ll need to file your lawsuit with the district court in the county where the defendant lives. The filing fee is $405. You can file with small claims court if your damages are less than $10,000. The filing fee for small claims is currently $69. If you can’t afford filing fees, you can ask the court to waive them.
When you file, you must include an official complaint describing your injuries, information about the accident, the names of all involved parties, and the relief you want.
For a free legal consultation with a Personal Injury lawyer serving Idaho, call 888-340-7454
Why Hire a Personal Injury Accident Lawyer?
You stand a better chance of winning your case if you’ve hired an Idaho personal injury lawyer. Your attorney can:
- Gather evidence and talk to witnesses
- File paperwork so you don’t miss important deadlines
- Explain Idaho personal injury laws as they pertain to your case
- Calculate your economic and non-economic damages
- Negotiate with the insurance company while you focus on recovering from your injuries
- Represent you in a trial if the insurance company won’t settle
Learn more about our legal team, then call for a consultation today.
Personal Injury Lawyer Near Me 888-340-7454
Personal Injury Cases We Handle
RP Legal Group handles all types of personal injury cases in Idaho. We can assist with:
- Auto accidents, including commercial truck accidents, rideshare accidents, bicycle accidents, and motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Dog bites
- Medical malpractice
- Wrongful death
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Contact an Idaho Personal Injury Lawyer Now
Have you had a slip-and-fall accident or car accident? We’re here for you. Our experienced attorneys will fight hard for a fair settlement, and you won’t pay us unless we win your case.
For a free consultation with an ID personal injury lawyer, call RP Legal Group at (888) 340-7454.
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Frequently Asked Questions
Here, we’ve compiled answers to commonly asked questions about personal injury law in Idaho.
How Long Do You Have To Serve the Defendant in Idaho?
Once you’ve filed a complaint with the district court, you have 182 days to serve the defendant with a notice to sue. If you don’t do this in time, the court may dismiss the party from the lawsuit.
Is There a Punitive Damages Cap in Idaho?
Idaho caps punitive damages at $250,000 or three times your compensatory damages, whichever is greater. The court doesn’t usually award punitive damages for personal injury cases, though, so this should not affect the value of your claim.
Do I Need a Lawyer To File a Personal Injury Claim?
You technically don’t need a lawyer to file a personal injury claim, but you’ll have more of a fighting chance when seeking restitution through an Idaho personal injury lawyer. Your lawyer will strive to minimize your degree of fault and maximize your financial award.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454