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Idaho Personal Injury Statute of Limitations

The statute of limitations for personal injury & accidents in Idaho is Two (2) years (Ref: Idaho Title 5, Ch. 2, Sec. 5-219). 

What this means is that you (or your attorney) must file a lawsuit against a defendant within two years of the date of your accident. If you do not file a lawsuit within two years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration or trial. 

Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Idaho Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to an Idaho personal injury lawyer to discuss your claim and potential recovery.

Variations on Time Limits for Filing a Lawsuit in Idaho

There are some variations & exceptions to the 2 years statute of limitations on personal injury cases in Idaho. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law.

  • If the property owner is under the age of 18 or has been declared insane at the time the property damage occurs, the three-year clock doesn't start running until this "legal disability" ends (meaning the property owner turns 18 or is declared sane). Note that the filing deadline won't be extended for more than six years for reasons related to a legal disability in Idaho. This rule is codified at Idaho Code section 5-230
  • Also, if the defendant is absent from the state of Idaho when the plaintiff's right to file the property damage lawsuit arises (or for any amount of time after that), the period of the defendant's absence probably won't be counted as part of the three-year period. But again, a property owner can't rely on this extension for more than six years. (Idaho Code section 5-229.)

What if You Miss the Deadline to File a Lawsuit?

If you miss the deadline to file a lawsuit and the Idaho statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed). 

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