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Idaho Statute of Limitations

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.
There are no caps or monetary settlement levels on medical malpractice wrongful death lawsuits in Idaho.

Caps on damages – Idaho Statute of Limitations Laws
Medical Malpractice--Noneconomic damages involving personal injury to $250,000.00, with adjustments based on the state’s average annual wage adjustments. Caps are not applicable to cases involving willful or reckless misconduct or acts that would constitute a felony. Punitive damages are limited to $250,000 or three times compensatory damages.

Product Liability--§ 6-1603. Limitation on noneconomic damages
In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code

The limitation of awards of non-economic damages shall not apply to:
(a) Causes of action arising out of willful or reckless misconduct.
(b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law

§ 6-1604. Limitation on punitive damages
No judgment for punitive damages shall exceed the greater of two hundred fifty thousand dollars ($250,000) or an amount which is three (3) times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages.

The same as above applies to pharmaceutical cases.

Special Rules for Idaho Minors (minors tolling)
Except in cases of wrongful death, the statute of limitations begins to run on the minor's 18th birthday

Idaho Trial Lawyers Association
PO Box 1777
Boise, ID 83701
208.345.1890
http://www.itla.org/id/

Idaho State Police
PO Box 700
Meridian, ID 83680-0700
208.884.7206
http://www.isp.state.id.us/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: