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★ Idaho · back & spine

Back & spine settlements
in Idaho.

By 9 min read

A worker who hurt his back lifting freight went to an Idaho Falls urgent care and left with permanent paraplegia. The jury awarded $7,958,113.67, and the cap on pain and suffering brought the judgment to $6,575,354.58. A roofer who fell without a harness received comp benefits, but could not also sue the general contractor.

Facts that decide a back & spine claim in Idaho

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 employerA 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)
Deadline to sueAn 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)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Idaho's fault rule and any applicable cap then adjust the figure.

★ ID · reported back & spine outcomes

What Idaho courts have awarded.

Real Idaho decisions and verdicts, each linked to the court record or official report.

  • Idaho Supreme Court · 2020
    $7,958,113.67 verdict; $6,575,354.58 after the cap

    In November 2014 Shane Ackerschott felt his back ache while lifting freight at work. At Redicare in Idaho Falls he had leg numbness and trouble standing. While he dressed to leave for the emergency room he heard a pop; surgery found a massive thoracic disk herniation, and he is paraplegic. The jury found Redicare breached the standard of care, and the parties stipulated the cap reduction. The Supreme Court affirmed.

  • Idaho Supreme Court · 2025
    Summary judgment for the contractor affirmed

    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. He was treated for a broken right foot and later complained of both feet, his back and his neck. His direct employer had no comp insurance, so Sunrise Homes’ insurer paid $378.90 a week and $7,880.79 in medical bills. His negligence suit was barred.

★ ID · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Idaho.

  1. 1

    Worsening numbness or weakness with back pain calls for emergency care; Ackerschott’s case turned on that visit.

  2. 2

    The cap cut about $1.38 million from Ackerschott’s verdict, so it matters in serious spine cases.

  3. 3

    If a subcontractor had no comp coverage, the general contractor may pay comp but cannot be sued in negligence.

★ ID · statute of limitations
2 years from date of injury

Idaho Code § 5-219

★ ID · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ID · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Idaho.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Idaho courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Idaho's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Idaho · you are hereModified comparative, 50% bar2 years from date of injury—
MontanaModified comparative, 51% bar3 years from date of injuryMT · back & spine →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · back & spine →
OregonModified comparative, 51% bar2 years from date of injuryOR · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
KansasModified comparative, 50% bar2 years from date of injuryKS · back & spine →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · back & spine →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · back & spine →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
★ ID · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Idaho's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Idaho. See /methodology, /sources, and /disclaimer.