Idaho Personal Injury Attorneys

Statute of Limitations

2 years

2 years from the date of injury (I.C. § 5-219)

Fault Rule

50%

Modified comparative fault, 50% bar (I.C. § 6-801) — no recovery if your fault is as great as the defendant’s

Damages Cap

Flat fee

Non-economic damages capped under I.C. § 6-1603 (inflation-adjusted, currently around $400,000, with exceptions for reckless/willful conduct, felony causes, and others).

Government-Claim Notice

180 days

Idaho Tort Claims Act (I.C. § 6-901 et seq.): written notice within 180 days for both State and political subdivision claims.

Joint and Several Liability

Bolished

Largely abolished — Idaho applies several liability under I.C. § 6-803, with limited exceptions for concerted action and hazardous waste.

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

Idaho applies modified comparative fault with a 50% bar under I.C. § 6-801 — recovery is barred if your fault is as great as the defendant’s. The standard PI SOL is two years under I.C. § 5-219. Idaho caps non-economic damages under I.C. § 6-1603 (currently around $400,000 adjusted annually for inflation, with exceptions for reckless conduct and felonies). Claims under the Idaho Tort Claims Act (I.C. § 6-901 et seq.) require written notice within 180 days for State claims and 180 days for political subdivisions. Local counsel familiar with Ada, Canyon, Kootenai, and Bonneville county practice makes a real difference.