Idaho law
Personal Injury Laws in Idaho.
Idaho follows a modified comparative fault system with a 50% bar, meaning you can recover damages only if your fault is less than that of the defendant. Idaho is an at-fault (tort) auto insurance state. The general statute of limitations for personal injury is 2 years. Idaho also imposes a cap on noneconomic damages that adjusts annually.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims must be filed within 2 years of the date of injury. This applies to most negligence and professional malpractice claims.
Exceptions
When an injury was fraudulently and knowingly concealed by the wrongdoer in a professional or commercial relationship, the claim accrues when the injured party knows or should have known of the injury.
The statute of limitations is tolled for minors until they reach age 18, at which point the standard 2-year period begins running.
Wrongful death actions must be filed within 2 years of the date of death, not the date of the underlying incident.
State law
Fault & Liability Rules
You can recover damages only if your fault is less than that of the defendant. Your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing. Idaho applies the "individual rule," comparing your fault to each defendant separately.
State law
Damage Caps
Idaho caps noneconomic damages (pain and suffering, emotional distress) at a base of $250,000, adjusted annually by the Idaho Industrial Commission based on changes in the average annual wage. The cap does not apply if the defendant acted with willful or reckless misconduct or committed a felony.
Idaho does not cap economic damages such as medical expenses, lost wages, and future care costs.
Punitive damages require an amendment to the complaint and proof by clear and convincing evidence of oppressive, fraudulent, malicious, or outrageous conduct. The court determines whether to allow the claim to proceed.
State law
Auto Insurance System
Idaho is an at-fault state. The driver who causes the accident is responsible for damages. Idaho requires minimum liability coverage of $25,000 per person / $50,000 per accident for bodily injury and $15,000 for property damage (25/50/15).
State law
Key Idaho Statutes
Idaho has limited joint and several liability. Each defendant is generally liable only for their proportionate share of damages. Joint and several liability applies only when defendants acted in concert, in an agency relationship, or in certain other limited circumstances.
Claims against the State of Idaho or its political subdivisions must be filed within 180 days of the incident. Failure to provide timely notice bars the claim.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Idaho.
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