It is Important to be Aware of the Relevant Idaho Statute of Limitations.
The term statute of limitations refers to the amount of time the law allows for y
ou to bring legal action against the person or business responsible for your injury.
Statutes of limitations apply to not just injury cases but to most other types civil claims and also to criminal actions. The idea behind a statute of limitations is that in a just society legal disputes should get resolved in a timely fashion. The law is concerned that memories fade and evidence disappears over time.
The time limit that applies to a statute of limitations for a particular legal issue varies significantly state to state . In Idaho, most personal injury, medical malpractice, wrongful death cases, and product liability cases have a two-year statute of limitations. The two-year countdown typically begins on the day of the accident that caused your injury. Or on the the day of a person’s death caused by the wrongful act. The law starts the time clock at the moment you suffer “some damages.”
The Idaho legislature created a special rule for a medical negligence (“malpractice”) claim related to a foreign object left in the body. In that setting, the two-year clock begins on the date you found out about or should have known of your injury. If you are pursuing a product liability action, the two-year time limit must be within the useful safe life of the product. There is also a presumption that the useful safe life of the product has ended if the action is brought after ten years from the time of delivery of the product.
Special Rules for Cases Involving Children
One notable exception to the two-year rule under Idaho law is if the injury accident involves a minor child. If a child was injured, the two-year statute of limitations begins on the minor’s eighteenth birthday. However, the statute of limitations may not be delayed more than six years due to the injured person’s minority status.
If you are a parent, guardian, or other eligible party wishing to file a wrongful death claim relating to the death of a minor child, the standard two-year statute of limitations applies. There is no extension given due to the age of the deceased.
Special Rules Relating to Claims Against Government Entities
If your case involves a local, state, or federal government or its employee or representative, there are restrictions that require notice to the government of the claims being filed. Failing to provide notice of the claim can mean that you lose your right to sue. The specifics of the Idaho tort claim rules are discussed here. Those rules are complex enough that its best that you discuss the with an attorney.
Hepworth Holzer Can Help
If you do not file your case within the appropriate deadline, you lose your right to take the matter to court at all. Therefore, it’s essential that you speak with a qualified attorney to explore your options as soon as possible. The experienced attorneys at Hepworth Holzer are dedicated to representing Idaho residents who have been injured due to the negligence of others. Please call (208) 328-6998 for a free case review.
My 25 year old single son died on Dec 6, 2014, of a blood clot in his lung that he suffered during training with employment for the Dept of Corrections, State of Idaho. The injury had happened several weeks earlier and he had gone several times, to several doctors, who could find nothing wrong, other than he had headaches and was having balance problems. I am his birth mother, currently stationed in Camp Lejeune NC Marine Corp Base. I am from Nampa, ID. What legal recourse do I have here with a wrongful death suit? Thank You for your help, Lisa Abbott Free
Such a tragedy to lose a young life like that, our firm extends its condolences to you. As you frame the question there may be a failure to diagnose issue. Medical negligence cases are difficult in Idaho due to many factors. The fact that your son went to many doctors raises a number of those issues and may indicate the difficulty of a diagnoses. It may indicate other things instead. Idaho code 5-311 does give certain legal heirs the right to pursue claims for wrongful death. I assume that you use the term “birth mother” to indicate your son had been raised by adoptive parents. A birth mother may not have the right to bring such a claim in that situation. It is not a legal issue I have ever examined in the past. There are 2 years after a negligent death to pursue a claim. Failure to pursue the claim in that period with result in the statute of limitations preventing the claim from being pursued.
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