Every injury claim in Idaho runs into the same short list of rules: how long you have to act, how fault gets divided, what the law caps, and what changes when a government agency is involved. At Shep Law Group, we get these questions in almost every first conversation, so we put the core Idaho personal injury laws on one page. Each rule below gets a short, plain-English summary, the Idaho Code section behind it, and a link to a deeper guide where one exists.
Use this page as a reference, not a substitute for advice about your own facts. Deadlines in particular can turn on details, like who was at fault, how old the injured person is, and whether a city, county, or school district played a role.
Idaho Personal Injury Laws: Quick-Reference Table
| Rule | What it says (short version) | Idaho Code |
|---|---|---|
| Injury lawsuit deadline | 2 years, generally counted from the date of the injury | § 5-219(4) |
| Wrongful death deadline | 2 years from the death | § 5-219(4) |
| Property damage deadline | 3 years for damage to personal property | § 5-218 |
| Delayed symptoms | No general “discovery rule” for injury claims; narrow exceptions apply to certain medical malpractice cases | § 5-219(4) |
| Claims against government | Written notice of tort claim within 180 days; lawsuit within 2 years | §§ 6-905, 6-906, 6-911 |
| Modified comparative fault | You recover nothing from a party if your fault is as great as theirs (the 50% bar) | § 6-801 |
| Several liability | Each at-fault party generally pays only its own percentage share | § 6-803 |
| Non-economic damages cap | $538,425.04 for July 1, 2026 through June 30, 2027; adjusted every July 1 | § 6-1603 |
| Punitive damages | Clear and convincing proof required; capped at the greater of $250,000 or three times compensatory damages | § 6-1604 |
| Minors | The deadline pauses during minority, but the pause cannot exceed 6 years | § 5-230 |
| Workplace injuries | Workers’ compensation has its own notice and claim deadlines, separate from the 2-year rule | Title 72 |
What Each Idaho Injury Rule Means
The 2-Year Deadline for Injury Claims
Idaho Code § 5-219(4) gives most people two years to file a lawsuit for an injury caused by someone else’s negligence. The statute says the claim accrues at the time of the “occurrence, act or omission,” and ongoing symptoms do not extend it. If you’re new to the process, our overview of how personal injury claims work in Idaho covers the basic steps from the crash to a settlement.
Wrongful Death Claims
The same statute sets a two-year deadline for a death caused by another person’s wrongful act or neglect. Families should note that the clock runs from the death, and that Idaho limits who can bring the claim. Our Idaho wrongful death attorneys page explains how these cases are handled.
Property Damage Claims
Claims for damage to a vehicle or other personal property fall under Idaho Code § 5-218, which allows three years. That longer window does not stretch the injury deadline, so a crash with both kinds of loss still has a two-year clock on the injury side.
Delayed Symptoms and the Discovery Rule
Idaho courts have repeatedly declined to adopt a general discovery rule for injury claims, which means the clock usually starts on the date of the event, not the date a diagnosis finally explains your pain. The statute carves out narrow exceptions for a foreign object left in the body and for fraudulent concealment in professional relationships. Our guide to delayed symptoms and Idaho filing deadlines goes deeper.
Notice of Tort Claim Against a Government Entity
If a state agency, city, county, or school district may be responsible, the Idaho Tort Claims Act requires a written notice of claim within 180 days from the date the claim arose or reasonably should have been discovered. Missing that notice can bar the claim entirely, even though the lawsuit deadline is two years. We explain the filing mechanics in our post on Idaho Tort Claims Act notice requirements.
Idaho’s Modified Comparative Fault Rule
Under Idaho Code § 6-801, your compensation is reduced by your share of fault, and you recover nothing from a party whose fault is equal to or less than yours. Idaho compares your fault to each defendant separately, not to all defendants combined. Read Idaho’s 50% bar rule explained for worked examples.
Several Liability: Each Party Pays Its Own Share
Idaho Code § 6-803 limits joint and several liability, so each at-fault party is generally responsible only for its own percentage of the damages. The main exceptions are parties acting in concert and an employer’s liability for an employee or agent. You can see how shared fault changes real numbers in our comparative fault settlement examples.
The Non-Economic Damages Cap
Idaho Code § 6-1603 caps non-economic damages, such as pain, suffering, and loss of enjoyment of life, at a base of $250,000 that the Idaho Industrial Commission adjusts each July 1. According to the Commission’s July 1, 2026 schedule, the cap is $538,425.04 through June 30, 2027. It does not apply to medical bills or lost wages, and it does not apply to willful or reckless misconduct or to conduct the jury finds would be a felony. Our post on the non-economic damages cap in Idaho covers the details.
Punitive Damages
Punitive damages are rare. Idaho Code § 6-1604 requires clear and convincing evidence of oppressive, fraudulent, malicious, or outrageous conduct, and a claimant cannot include them in the first complaint; the court has to allow an amendment after a hearing. Any award is capped at the greater of $250,000 or three times the compensatory damages.
Deadlines for Injured Children
Idaho Code § 5-230 pauses the limitation period while the injured person is a minor, but the pause can’t last more than six years. Government claims follow a separate minors’ rule in Idaho Code § 6-906A. Because the math depends on the child’s age, it’s worth having a lawyer calculate the actual date.
Jobsite Injuries
Workers’ compensation claims follow their own notice and filing rules under Title 72, and a lawsuit against a negligent third party still follows the two-year injury deadline. Our guide on how long you have to file after a jobsite accident separates the two tracks.
Frequently Asked Questions About Idaho Injury Law
Does the insurance company’s claim process stop the 2-year clock?
No. Talking with an adjuster, submitting records, or negotiating does not pause the statute of limitations. If a settlement isn’t finalized in time, the lawsuit has to be filed before the deadline.
Is the non-economic cap the most I can recover?
No. The cap applies only to non-economic losses. Economic losses, such as medical expenses and lost earnings, are not capped by Idaho Code § 6-1603.
What if I was partly at fault?
You can still recover from any party whose fault is greater than yours, reduced by your percentage. A 20% share of fault, for example, reduces the recovery by 20%.
Talk With an Idaho Personal Injury Lawyer About Your Deadline
These rules are short on paper, and they get complicated fast when more than one driver, a government agency, or a child is involved. Our Idaho personal injury lawyers can review your facts, calculate your deadlines, and tell you where your claim stands. Contact Shep Law Group to schedule a free consultation. This article is general information, not legal advice.
