In the United States, most states have their statutes when it comes to personal injury laws. In Idaho, the state also has its set of laws that dictate how personal injury cases are managed and resolved. Understanding these laws is crucial if you get injured due to someone else’s negligence, and you’re looking to pursue legal action.

Here is an overview of Idaho personal injury laws that you need to know:

The Statute of Limitations

The statute of limitations is a deadline that specifies how long you can bring a personal injury lawsuit. In Idaho, the statute of limitations for personal injury cases is two years from the date of the accident. That means you have two years from the time of the accident to file a personal injury lawsuit. If you fail to do so, you lose the right to pursue a legal claim.

Comparative Negligence

In some personal injury cases, the injury victim’s actions could have contributed to their injuries. In such situations, Idaho adheres to the comparative negligence rule. Comparative negligence means that the damages you can recover are in direct proportion to your share of negligence in the accident.

For instance, if you’re found to be 20% at fault for the accident, you’ll only recover 80% of the damages awarded to you. If your share of the negligence is more than 50%, you can’t recover any compensation for your injuries.

Damage Caps

In some cases, there may be limits on the amount of damages that you can recover in personal injury lawsuits. Idaho has no damage caps for economic damages, such as medical expenses and lost wages. However, there are damage limits for non-economic losses like pain and suffering. Non-economic damages are limited to $400,000 in medical malpractice cases and $250,000 in other personal injury matters.

Shared Fault

In Idaho, if more than one person is responsible for your injury, the court will look into their contribution to establish who bears what percentage of liability. The liability is then shared among the responsible parties in proportion to their degree of fault.

Strict Liability

In some cases, liability can be established without proving that the wrongful party was negligent. This is known as strict liability. Idaho law applies strict liability in cases involving defective products or inherently dangerous activities like keeping wild animals.

No-Fault Car Insurance

Idaho is not a no-fault state for car insurance claims. In other words, you can legally choose to not have no-fault benefits because the state doesn’t require it. That means, in case of an accident, you can still pursue a legal claim against the at-fault driver’s insurance provider for compensation for your injuries.

Third-Party Liability

When someone gets injured on the job, they’re usually restricted to workers’ compensation benefits. However, if the injury resulted from a third party’s negligence, you could pursue a personal injury claim against the at-fault party for additional compensation. For instance, if you work on a construction site and you’re injured due to defective equipment, you could pursue a legal claim against the equipment manufacturer.

Conclusion

Personal injury laws in Idaho can be complicated, and it’s important to seek legal advice if you get injured due to someone else’s negligence. The statute of limitations, comparative negligence, and the possibility of damage caps are just some of the factors that can affect your legal claim. Contact a personal injury attorney to discuss your options for compensation if you’ve suffered an injury.