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★ Idaho · head & brain

Head & brain settlements
in Idaho.

By 9 min read

Deadlines for naming experts can decide an Idaho brain injury case. A woman who tripped on an uneven sidewalk and suffered a subdural hematoma had her experts excluded, and the jury awarded only $5,528.65 in medical costs. A jail inmate who fell from a top bunk when ordered to stand for roll call won the right to pursue part of his claim against Ada County.

Facts that decide a head & brain claim in Idaho

Expert deadlinesA court may exclude medical experts disclosed after the scheduling order deadline, as happened to Lands.Lands v. Sunset Manor (Idaho 2024)
Government immunityA 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 governmentA 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
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

united states · sister site
Your head & brain claim in Idaho. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

Check my case
★ ID · reported head & brain outcomes

What Idaho courts have awarded.

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

  • Lands v. Sunset Manor
    Idaho Supreme Court · 2024
    $5,528.65 economic damages; no noneconomic award

    In August 2017 Diane Lands tripped on an uneven sidewalk outside her apartment building, hit her chin and lost consciousness. She claimed a subdural hematoma, concussion, post concussive syndrome and memory loss. Her medical experts were excluded because they were disclosed after the deadline. The jury found the operator 51 percent at fault and her 49 percent, awarded $5,528.65 in economic damages and nothing for pain. The Supreme Court affirmed.

  • Williamson v. Ada County
    Idaho Supreme Court · 2022
    Roll call claim revived

    Booked into the Ada County jail in March 2017, Williamson was told to stand for roll call instead of answering from his top bunk. With no ladder, he fell backward onto the concrete, lost consciousness and later reported a concussion and over $14,000 in medical bills. The Supreme Court held the bunk design choice immune but revived his claim that ordering him down was negligent.

★ ID · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Idaho.

  1. 1

    Disclose every medical expert by the court’s deadline; Lands lost her pain and suffering case without them.

  2. 2

    Idaho bars recovery only if your fault equals or exceeds the defendant’s; Lands recovered at 49 percent.

  3. 3

    Serve the 180 day notice on a county before suing, as in any jail or road case.

★ 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 head & brain settlement in Idaho.

★ head & brain severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

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

Common questions.

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

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of ID
Idaho overview

Fault rule, statute, caps, and key facts for Idaho as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ 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.