In Idaho, a settlement or jury verdict could provide you with money to pay for the damages you have due to someone else’s negligence. The amount recoverable will depend on the extent of your damages and the insurance coverage available. Depending on the value of your case, statutory damages caps could also influence how much money you receive. Damage caps set a maximum on the total amount of compensation available in some cases.
It can be difficult to calculate your full and fair damages by yourself, especially if Idaho damage caps apply in your case. An experienced Idaho personal injury attorney from Feller & Wendt, LLC can help. Call 208-595-6953 or contact us online today to schedule your free consultation.
What Are Damage Caps?
Damage caps are statutes that limit the amount of money a plaintiff can receive during a personal injury or civil claim. It is a law that some states implement to prevent overcompensating victims and bankrupting defendants. Most damage caps are only on certain types of recovery awards, such as punitive damages or in claims against a hospital or government. Most states do not institute caps on economic damages. These are the actual losses the victim suffered in the accident, such as medical expenses, lost wages, and travel costs.
Some states have done away with damage caps they used to have in place. These states have ruled the caps unconstitutional. Others have eliminated caps on some categories of damages but kept certain limitations. States that cap noneconomic damages generally find a restriction on economic damages to be unjust. Idaho has damage caps on noneconomic and punitive damages.
Caps on Noneconomic Damages
Idaho Statutes Section 6-1603 sets the state’s cap on non-economic damages. It states that no personal injury or wrongful death action shall receive a judgment for non-economic damages exceeding $250,000. Adjusted annually, this non-economic damage cap is currently set at $490,512.33.
Non-economic damages can refer to pain and suffering, emotional distress, lost quality of life, and mental anguish. The Idaho damage cap applies to the sum of a claimant’s non-economic damages regardless of the number of people responsible for the accident or the number of claims filed.
Idaho Caps on Punitive Damages
Idaho also has a damage cap on punitive damages. A punitive award is an amount of money granted to an injured party in addition to compensatory damages. It does not focus on reimbursing the victim for damages associated with an accident or injury. Instead, its purpose is to punish the defendant for grossly negligent, willful, malicious, or intentional acts. Even if a defendant has already fully satisfied a victim’s losses, he or she may have to pay an additional amount in punitive damages to make up for wrongful acts.
In Idaho, the cap on punitive damages limits a plaintiff’s recovery to no more than $250,000 or three times the amount of compensatory damages – whichever is greater. It is up to a judge how much to award a plaintiff, if any, in punitive damages against a defendant. A judge in Idaho cannot, however, award more than the state’s applicable damage cap.
Do Idaho Damage Caps Vary for Different Personal Injury Cases?
Idaho’s statutory damages caps are the same for all personal injury claims. However, they do have certain exceptions depending on the facts of your case.
Statute 6-1603 lists two exceptions to Idaho’s non-economic damage cap. First, you could be eligible for more non-economic damages if you can prove the cause of your injury was a reckless, willful, or wanton act by the defendant. Second, if the defendant’s misconduct was a felony, the non-economic damage cap does not apply.
Will Non-Economic Damages Caps Affect My Economic Damages?
Non-economic damages caps have no impact on economic damages awarded in your case. The cap applies solely to non-economic damages, regardless of how much a plaintiff is awarded in economic damages. Therefore, if the court found that you suffered $500,000 in economic damages, you would receive the full amount awarded, even though it exceeds the current non-economic damage cap of $490,512.33.
Are Non-Economic Damages Awarded for All Personal Injury Claims?
Non-economic damages are not awarded for all personal injury claims. These damages compensate for intangible losses like pain, suffering, emotional distress, or loss of enjoyment of life. They are typically awarded when the injury causes significant physical or emotional harm, such as permanent disability or disfigurement.
Non-economic damages are more subjective than economic damages and depend heavily on the evidence presented, including medical records, personal testimony, and expert evaluations. Claims involving minor injuries or limited impact on quality of life are less likely to include these damages. Our knowledgeable personal injury attorneys can evaluate your potential non-economic damages based on the facts of your case.
Trust Feller & Wendt, LLC for Your Personal Injury Lawsuit
Idaho’s personal injury damages caps are just some of the laws you will have to navigate in your claim. Our Boise personal injury lawyers can help maximize your compensation up to the applicable Idaho damage caps. Feller & Wendt, LLC, is a leading Idaho personal injury firm with a strong track record of high-value case results and glowing client testimonials. If you’ve been hurt in Idaho, we’re the firm for you. Call 208-595-6953 or contact us online today to schedule your free consultation.
*This information provided by Feller & Wendt, LLC is for informational purposes only and should be in no way construed as legal advice.
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