Personal Injury Laws in Idaho

Personal Injury Law in Idaho: Overview

Idaho follows a modified comparative fault system with a 50% bar, meaning plaintiffs who are equally or more at fault than the defendant cannot recover damages. The state has a two-year statute of limitations for most personal injury claims. Idaho imposes caps on non-economic damages in personal injury cases, and the amount is adjusted periodically. The state is a fault-based jurisdiction for auto accidents and does not use no-fault insurance. Idaho's rural landscape and agricultural economy create unique personal injury considerations, including farm equipment accidents, hunting incidents, and injuries on public lands. The state also has specific provisions regarding governmental immunity and recreational use of private land.

Key Statutes & Deadlines

Modified Comparative Fault

Under Idaho Code § 6-801, a plaintiff's recovery is barred if their negligence is equal to or greater than the negligence of the defendant. In cases involving multiple defendants, the plaintiff's fault is compared to the combined fault of all defendants. If the plaintiff is less than 50% at fault, their recovery is reduced by their percentage of fault. Idaho juries allocate fault percentages among all parties, including settled defendants and non-parties. This system requires plaintiffs to demonstrate clearly that the defendant bore the greater share of responsibility for the injury.

Non-Economic Damage Caps

Idaho imposes a statutory cap on non-economic damages in personal injury and wrongful death cases. The cap is set by statute and adjusted annually based on the average annual wage. The cap applies per occurrence, not per claim, meaning all claimants arising from the same incident share the cap. Economic damages including medical expenses, lost wages, and property damage are not subject to any cap. The Idaho Supreme Court has upheld the constitutionality of the non-economic damage cap, rejecting challenges based on equal protection and right to jury trial arguments.

Recreational Use Immunity

Idaho has a recreational use statute that provides immunity to private landowners who allow the public to use their property for recreational purposes without charge. Under this statute, a landowner owes no duty of care to recreational users and is not liable for injuries sustained during recreational activities on the property unless the landowner was willfully or maliciously negligent. This immunity is significant in Idaho given the extensive private land used for hunting, fishing, hiking, and snowmobiling. The statute does not apply if the landowner charges for access to the property.

Idaho Court System

Idaho's District Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has seven judicial districts. Magistrate Courts handle smaller civil claims up to $10,000. Appeals from District Court go to the Idaho Supreme Court, as Idaho does not have an intermediate appellate court (though it established the Idaho Court of Appeals to assist with caseload). Civil juries consist of 12 members in District Court, and verdicts require a three-fourths majority. Venue is proper in the county where the cause of action arose or where the defendant resides.

Damages & Penalties

Idaho allows recovery of economic damages including medical expenses, lost wages, loss of earning capacity, and future medical costs without statutory caps. Non-economic damages are subject to the statutory cap described above. Punitive damages are available when the defendant acted in an oppressive, fraudulent, wanton, malicious, or outrageous manner and require proof by clear and convincing evidence. Punitive damages are not insurable in Idaho. Idaho follows the collateral source rule, but defendants may introduce evidence of collateral source payments after the jury renders its verdict, allowing the court to reduce the award. Pre-judgment interest is available at the statutory rate.

Recent Legislative Changes

Idaho has seen periodic adjustments to the non-economic damage cap based on average wage data. Recent legislative sessions have addressed distracted driving penalties and workers' compensation reform. The Idaho Supreme Court has issued decisions regarding the scope of the recreational use statute and the standards for punitive damages.

Frequently Asked Questions