Idaho personal injury law is similar to personal injury in other states, but each state is slightly different. In order to win your case, you need to work with an attorney who has experience in your state and with the type of personal injury case in which you are involved.
Personal injury covers a wide variety of cases including, auto accidents, hog farm nuisance, medical malpractice, slip and fall, and many other types of accidents.
Fault
In Idaho, you will need to prove negligence, in most personal injury cases. Negligence is simple the failure to use reasonable care. Certain elements must exist in order to prove negligence:
- The responsible party owed you a duty which they failed to uphold
- That failure caused your injuries
- You suffered damages
If you were injured by a defective product, you will need to prove strict liability. Under strict liability you must prove that:
- The product was defective, making it unreasonably dangerous
- You used the product properly
- The defect caused your injury
- You suffered damages
Comparative negligence
Idaho follows the doctrine of “modified comparative negligence.” This means that if you are 50% or more at fault, you cannot receive compensation. If you are 49% or less responsible, the person who caused your injuries can be held responsible for the percentage of damages equal to their percentage of fault.
Multiple responsible parties
It is common for there to be more than one responsible party in a personal injury lawsuit. For instance, in a trucking accident, the driver and the trucking company itself may share the blame for your injuries. In Idaho, when multiple responsible parties are involved, each one pays damages equal to their portion of fault only. No party can be held liable for paying another party’s portion of the damages so, if one party fails to pay, you cannot seek their portion for the other responsible party or parties.
Time limit for filing your lawsuit
The time limit for filing a lawsuit is called the statute of limitations. In Idaho the statute of limitations for most personal injury cases is two years. Typically the time period begins when the act which caused your injuries occurred, but in some cases it begins when the injury is discovered. Each case is unique, and some cases have a shorter time limit.
For more in depth information about time limits in Idaho read our Idaho Statute of Limitations page.
Compensation you may receive
If you are injured in Idaho you may be entitled to the following compensation:
- All medical expenses stemming from your injuries
- Lost wages, including future wages
- Property damage
- Permanent disfigurement
- Permanent disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Other costs resulting from your injuries
Punitive damages, in Idaho, are limited to three times the compensatory damages and cannot exceed $250,000. Non-economic damages also cannot exceed $250,000.
Personal injury laws vary from state to state. If you believe you have a personal injury claim and you live in Idaho, please contact one of our Idaho personal injury lawyers for a free claim evaluation.
