How much time do you have to file a lawsuit in Idaho?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Depending upon the facts of your case, special circumstances may apply in which the Idaho statute of limitation may be extended. In some states, statutes of limitations may be extended if the personal injury, medical malpractice or wrongful death claim involves a minor. Many states may also extended the statutes of limitation based upon when an injury is discovered rather than when an injury occurred.

If you feel you have a claim in Idaho for personal injury, medical malpractice, or wrongful death, Contact An Idaho Personal Injury Attorney immediately regardless of whether or not the statue of limitation has past.

Remember, special circumstances can apply to extend the Idaho Statute of Limitation.

Idaho Statutes

Idaho Statutes of Limitation

5-216. ACTION ON WRITTEN CONTRACT. Within five (5) years:
An action upon any contract, obligation or liability founded upon an
instrument in writing.

The limitations prescribed by this section shall never apply to actions in
the name or for the benefit of the state and shall never be asserted nor
interposed as a defense to any action in the name or for the benefit of the
state although such limitations may have become fully operative as a defense
prior to the adoption of this amendment.

5-217. ACTION ON ORAL CONTRACT. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.

5-219. ACTIONS AGAINST OFFICERS, FOR PENALTIES, ON BONDS, AND FOR
PROFESSIONAL MALPRACTICE OR FOR PERSONAL INJURIES. Within two (2) years:

1. An action against a sheriff, coroner or constable, upon the liability
incurred by the doing of an act in his official capacity, and in virtue of his
office, or by the omission of an official duty, including the nonpayment of
money collected upon an execution.

2. An action upon a statute for a penalty or forfeiture, where the action
is given to an individual, or to an individual and the state, except when the
statute imposing it prescribes a different limitation.

3. An action upon a statute or upon an undertaking in a criminal action
for a forfeiture or penalty to a county or to the people of the state.

4. An action to recover damages for professional malpractice, or for an
injury to the person, or for the death of one caused by the wrongful act or
neglect of another, including any such action arising from breach of an
implied warranty or implied covenant; provided, however, when the action is
for damages arising out of the placement and inadvertent, accidental or
unintentional leaving of any foreign object in the body of any person by
reason of the professional malpractice of any hospital, physician or other
person or institution practicing any of the healing arts or when the fact of
damage has, for the purpose of escaping responsibility therefor, been
fraudulently and knowingly concealed from the injured party by an alleged
wrongdoer standing at the time of the wrongful act, neglect or breach in a
professional or commercial relationship with the injured party, the same shall
be deemed to accrue when the injured party knows or in the exercise of
reasonable care should have been put on inquiry regarding the condition or
matter complained of; but in all other actions, whether arising from
professional malpractice or otherwise, the cause of action shall be deemed to
have accrued as of the time of the occurrence, act or omission complained of,
and the limitation period shall not be extended by reason of any continuing
consequences or damages resulting therefrom or any continuing professional or
commercial relationship between the injured party and the alleged wrongdoer,
and, provided further, that an action within the foregoing foreign object or
fraudulent concealment exceptions must be commenced within one (1) year
following the date of accrual as aforesaid or two (2) years following the
occurrence, act or omission complained of, whichever is later. The term
"professional malpractice" as used herein refers to wrongful acts or omissions
in the performance of professional services by any person, firm, association,
entity or corporation licensed to perform such services under the law of the
state of Idaho. This subsection shall not affect the application of section
5-243, Idaho Code, except as to actions arising from professional malpractice.
Neither shall this subsection be deemed or construed to amend, or repeal
section 5-241, Idaho Code.

5. An action for libel, slander, assault, battery, false imprisonment or
seduction.

6. An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
Commitment to Idaho Personal Injury Clients

We demand strict professional standards. Our lawyers are among the finest in their fields, having resolved many multi-million dollar personal injury cases. We remain passionate about our role as advocates and will treat our clients with respect and compassion. We commit that our lawyers will utilize all available legal advantages and tactics to successfully resolve your personal injury claim.
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Contact one of our personal injury lawyers to discuss your case today. You can submit your personal injury case, or just ask a question, it's free, and you pay absolutely nothing until we win your case.

*The information on this website regarding Statutes of Limitations is for informational purposes only and may not be up to date or accurate.