The personal injury statute of limitations in Idaho is normally two years from the date of your accident. Though there are exceptions that can extend the deadline, your case will be dismissed if you miss the correct deadline. Contact Feller & Wendt, LLC, today so our experienced attorneys can start investigating your claim and ensure it is filed on time.
Are There Exceptions to the Idaho Statute of Limitations for Personal Injury?
Normally the countdown set by the personal injury statute of limitations starts on the date of injury or death. In some situations, however, the statute of limitations in Idaho can be paused (“tolled”). The deadline can also vary based on the underlying cause of action or the identity of the defendant.
Minor Victims
Under Idaho Code § 5-230, if the victim is under the age of 18, the statute of limitations does not start running immediately. It can be tolled for a maximum of six years before the standard two-year countdown begins. That gives minors eight years from their date of injury or up to their twentieth birthday to file, whichever is sooner.
Mental Incompetency
The same law that tolls the Idaho statute of limitations for minors also applies to individuals who do not have the mental capacity to file on their own behalf. The two-year statute of limitations does not start running until their condition ceases, but the pause cannot last longer than six years after the accident date. In other words, they must file their claim within either eight years or two years from the date they are no longer legally declared mentally incapacitated, whichever is earlier.
The Discovery Rule: Discovery at a Later Time
In some instances, the Idaho statute of limitations for personal injury doesn’t start running until the injured party knows or reasonably should have known of their injury and damages. This “discovery rule” applies, for example, in medical malpractice cases in which a victim doesn’t immediately realize they were misdiagnosed or that their surgery was botched.
Claims Against the Government
Under Idaho Code § 6-905, you have 180 days from an accident date to file a notice of claim against a government entity. If you file your claim on time and the government agency denies it, you have two years to file a personal injury lawsuit. Claims against the government include slip and falls on government property, accidents with city buses, and other incidents.
Contacting an Idaho Personal Injury Lawyer
An experienced lawyer can tell you which Idaho statute of limitations applies in your case and whether you qualify for an exception. Two years may seem like a long time, but some personal injury cases, especially those involving serious injuries, require detailed medical testimony, accident reconstructions, and thorough investigation. The more time you give your attorney to build a strong case, the higher your chances of securing full and fair compensation.
Contact us online or call 208-595-6953 to schedule a free consultation with an experienced Idaho personal injury lawyer from Feller & Wendt, LLC. We have recovered over $100 million in high-value case results for our deserving clients. To learn more about our services, read the glowing reviews we receive praising our commitment, skills, and ability to get results.
*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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