Idaho applies modified-50 comparative fault with a non-economic damages cap of $538,425.04 from 1 July 2026, adjusted each July.
Idaho operates modified-50 comparative negligence. Non-economic damages are capped at $538,425.04 from 1 July 2026 (adjusted each July with the state average weekly wage) under Idaho Code § 6-1603, with carve-outs for cases of reckless or felonious conduct. The PI statute of limitations is two years.
Idaho Code § 5-219
Modified comparative, recovery barred at 50% claimant fault.
Caps and ceilings imposed by Idaho law that bear on settlement values.
Idaho Code § 6-1603
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Idaho law.
Reported Idaho decisions for each injury type, each with a link to the judgment and to the full injury guide.
In October 2012 Palmer rear ended Lisa Ellefson while she was stopped to turn on Broadway Avenue in Boise, pushing her car into the one ahead.
whiplash in Idaho →Boise Tire rotated a family’s tires in March 2007; two days later the right rear wheel came off at highway speed and the car rolled, killing the mother.
whiplash in Idaho →In November 2014 Shane Ackerschott felt his back ache while lifting freight at work.
back & spine in Idaho →In October 2020 Arellano was roofing a shop with frost on the roof and no harness when he reached for a knife and fell, hitting an RV and landing on his backside.
back & spine in Idaho →In August 2017 Diane Lands tripped on an uneven sidewalk outside her apartment building, hit her chin and lost consciousness.
head & brain in Idaho →Booked into the Ada County jail in March 2017, Williamson was told to stand for roll call instead of answering from his top bunk.
head & brain in Idaho →In September 2019 a board kicked back on a table saw with no safety guard, amputating Tyler’s right index finger and cutting or fracturing the others.
fracture in Idaho →In May 2009 a car hit Gary Holdaway on his bicycle in Rexburg, and surgery placed a rod and screws in his broken tibia and fibula.
fracture in Idaho →J.H. was born five weeks early in 2008.
medical negligence in Idaho →Maria Aguilar saw Dr. Coonrod seven times between April 28 and June 4, 2003, reporting shortness of breath and a rapid pulse.
medical negligence in Idaho →Francisca Gomez worked for the Caldwell seed company for over thirty years.
workplace in Idaho →In November 2018 Dustin Clover rode the rear seat of a drip tape lifter Crookham had built itself.
workplace in Idaho →Statutes and rulings that come up again and again in Idaho injury claims, each with its source.
| Reckless conduct | The noneconomic cap does not apply to “causes of action arising out of willful or reckless misconduct.”Idaho Code § 6-1603(4), quoted in Carrillo v. Boise Tire (Idaho 2012) |
|---|---|
| Deadline to sue | An action for personal injury “must commence within two years of the occurrence, act or omission complained of.”Idaho Code § 5-219(4), quoted in Yu v. Idaho State Univ. (Idaho 2019) |
| Seat belt use | Can reduce damages only, never fault, and only on clear and convincing proof that not wearing it caused the injury.Idaho Code § 6-1608; see our seat belt table |
| Pain and suffering cap | $538,425.04 for noneconomic damages from 1 July 2026, adjusted each July with the state average weekly wage ($509,013.28 from July 2025).Idaho Code § 6-1603; Industrial Commission cap table |
| Statutory employer | A general contractor that pays comp when the direct employer is uninsured is immune from a negligence suit by the injured worker.Arellano v. Sunrise Homes (Idaho 2025) |
| Expert deadlines | A court may exclude medical experts disclosed after the scheduling order deadline, as happened to Lands.Lands v. Sunset Manor (Idaho 2024) |
| Government immunity | A county’s choice of equipment can be a discretionary function immune from suit, but an order given to an individual may not be.Williamson v. Ada County (Idaho 2022) |
| Claims against government | A written notice of claim within 180 days, for the State and for cities and counties; liability is capped at $500,000 per occurrence.Idaho Code §§ 6-905, 6-906, 6-926; see our notice table |
How Idaho compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Idaho | Modified comparative, 50% bar | 2 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in Idaho, answered with the relevant statutory references.
This page summarises the Idaho statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Idaho. See /methodology, /sources, and /disclaimer.
