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Modified comparative fault

Idaho Personal Injury Law

📍 Capital: Boise · Statute: Idaho Code § 5-219

2 years Filing deadline
50% bar Fault system
$40,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Idaho

Idaho uses a modified comparative fault system where plaintiffs who are 50% or more at fault cannot recover damages. The state is generally considered business-friendly with historically lower average jury awards.

This guide covers the most important rules for personal injury claims in Idaho, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Idaho attorney for your specific situation.

Key Idaho Personal Injury Statutes

Idaho Code § 5-219 (SOL)
Idaho Code § 6-801 (comparative fault)
Idaho Code § 5-311 (wrongful death)

Most Common Personal Injury Cases in Idaho

Car Accidents
Workplace Injury
Slip & Fall
Agricultural Accidents
Wrongful Death

Idaho Damages Caps & Average Settlements

Damages Rule No cap on most personal injury damages
Average Settlement $40,000–$160,000
Fault System Modified comparative fault (50% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Idaho.

Frequently Asked Questions — Idaho Injury Law

How long do I have to file a claim in Idaho?

In Idaho, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: Idaho Code § 5-219.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Idaho attorney to confirm your deadline.

What is Idaho's fault system?

Idaho uses Modified comparative fault (50% bar). Your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything.

Are there damage caps in Idaho?

Idaho damage rules: No cap on most personal injury damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Idaho?

Personal injury settlements in Idaho average approximately $40,000–$160,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Idaho attorney →

Injured in Idaho? Get Help Now.

Personal injury laws in Idaho can be complex and deadlines are strict. A qualified Idaho personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Idaho attorney for legal advice.