Hiring a Personal Injury or Car Accident Lawyer in Idaho
What an injury lawyer costs in Idaho and how they usually charge, the deadlines and fault rules to know before you call, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Idaho: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. Idaho also requires a lawyer, on reasonable request, to give the client a free accounting of fees and costs claimed or collected. |
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| If you disagree with a lawyer's bill | The Idaho State Bar's Fee Arbitration Program is free to clients and lawyers, and either may petition. It is not mandatory: the other side has 21 days to decide whether to sign the agreement, a mediator first tries to resolve the dispute, and binding arbitration happens only if both agree. Disputes of $2,500 or less go to one attorney arbitrator; larger ones to a panel of two lawyers and one non-lawyer. Decisions are issued within 15 days after the hearing, and the Bar has no appeal process. Source: Idaho State Bar, Fee Arbitration |
| If a lawyer takes your money | The Idaho State Bar Client Assistance Fund, financed by Idaho lawyers' annual fees, can reimburse clients for all or part of losses from an Idaho lawyer's dishonest conduct (theft, embezzlement, conversion, refusing to return unearned advance fees, or borrowing with no intent to repay); malpractice alone does not qualify. The maximum on any one claim is $25,000 under Idaho Supreme Court rule. File a notarized Client Assistance Claim Form with Bar Counsel's Office no later than three years after you knew or should have known of the dishonest conduct. |
Idaho rules to know first
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years. The claim generally accrues at the time of the act or occurrence, and the period is not extended because of continuing consequences. Source: Idaho Code § 5-219(4) |
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| Fault rule | Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share. Source: Idaho Code § 6-801 |
| Damage caps | Yes. In personal injury and wrongful death actions, a judgment for non-economic damages may not exceed $250,000, adjusted each July 1 by the same percentage the Idaho Industrial Commission adjusts the state average annual wage. The cap does not apply to willful or reckless misconduct, or to acts the fact-finder finds beyond a reasonable doubt would be a felony. The jury is not told about the cap. Source: Idaho Code § 6-1603 |
Find and check a lawyer
| Lawyer referral service | The Idaho State Bar Lawyer Referral Service (LRS) is a public service of the Bar. Participating attorneys must be in good standing, have no pending public disciplinary complaints and carry professional liability insurance. "The fee for a referral is $35" (personal injury, medical malpractice and workers' compensation referrals are free), and "LRS attorneys have agreed to provide their clients with an initial up to a half-hour consultation at no fee"; later fees are negotiated with the lawyer. Start an online referral at idaho.community.lawyer or call 208-334-4500. |
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| Check that the lawyer is licensed | The Idaho State Bar's Attorney Roster Search lets you look up Idaho lawyers by last name (full or partial). If you cannot find an attorney, contact the Bar's Licensing Department at (208) 334-4500. The Bar also publishes definitions of license status categories. |
| Check discipline history or file a complaint | Grievances about Idaho lawyers go to the Idaho State Bar's Office of Bar Counsel. Complete the Grievance Form Packet with a signed, detailed written explanation and copies (not originals) of supporting documents, and mail it to Idaho State Bar, Office of Bar Counsel, PO Box 895, Boise, ID 83701. Bar Counsel reviews it for possible rule violations; outcomes range from dismissal (explained by letter) to private discipline or formal charges, typically in about three to four months, and you may ask for review by a three-member panel. The Bar handles ethics violations, not malpractice. Only public sanctions are posted on the Bar's Public Discipline and Other Notices page. Phone: 208-334-4500. Public discipline: https://isb.idaho.gov/bar-counsel/public-discipline/ |
Free legal help
| Free legal aid | Idaho Legal Aid Services, the state's LSC-funded legal aid organization, provides free civil legal help to eligible low-income Idahoans; statewide phone 208-746-7541 (idaholegalaid.org). The Idaho Volunteer Lawyers Program (Idaho State Bar) also offers legal assistance, and the Idaho Courts Self-Help Center provides free legal information and court forms. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees; IVLP: https://isb.idaho.gov/ilf/ivlp/legal-assistance/ |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.