Deadlines to File an Injury Lawsuit in Idaho
How long you have to sue in Idaho for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: 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. Idaho Code § 5-219(4)
| 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) |
|---|---|
| Deadline to sue for property damage | A lawsuit for taking, detaining or injuring goods or personal property, or for trespass on real property, must be filed within three years. Source: Idaho Code § 5-218(2)-(3) |
| Medical malpractice deadline | A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later. Source: Idaho Code § 5-219(4) |
| Wrongful death deadline | A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Source: Idaho Code § 5-219(4) |
| Suing the government | Under the Idaho Tort Claims Act, a claim against the State or a state employee must be filed with the Secretary of State, and a claim against a city, county or other political subdivision (or its employee) must be filed with its clerk or secretary, within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. Combined liability of a governmental entity and its employees for one occurrence is limited to $500,000 (including costs and attorney fees), unless the entity has more insurance. |
More Idaho personal injury & wrongful death
- Wrongful Death Lawsuits in Idaho
- Medical Malpractice Rules in Idaho
- Car Accident Claims in Idaho
- Dog Bite Liability in Idaho
- Motorcycle Accident Claims in Idaho
- Pedestrian Accident Claims in Idaho
- Bicycle Accident Claims in Idaho
- Uber and Lyft Accident Claims in Idaho
- Construction Site Injuries in Idaho
- All Idaho personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Idaho?
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.
How long do you have to sue for property damage in Idaho?
A lawsuit for taking, detaining or injuring goods or personal property, or for trespass on real property, must be filed within three years.
What is the statute of limitations for medical malpractice in Idaho?
A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later.
How long do you have to file a wrongful death lawsuit in Idaho?
A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years.
How do you file an injury claim against the government in Idaho?
Under the Idaho Tort Claims Act, a claim against the State or a state employee must be filed with the Secretary of State, and a claim against a city, county or other political subdivision (or its employee) must be filed with its clerk or secretary, within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. Combined liability of a governmental entity and its employees for one occurrence is limited to $500,000 (including costs and attorney fees), unless the entity has more insurance.
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.