General Information / Other, Personal Injury, Wrongful Death

What Are the Time Limits On An Idaho Personal Injury Claim? (Podcast)

Posted on by John Janis

Leading Idaho injury lawyer John Janis discusses the legal time limits on an Idaho personal injury claim or wrongful death claim.

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What are the time limits for bringing personal injury or wrongful death cases?

That’s generally referred to as the statutes of limitations. Under Idaho law, most personal injury or wrongful death cases have to be brought within two years of the time  that the cause of action accrued. To put it simply, a two-year statute of limitations exists in Idaho for personal injury or wrongful death claims.

When Do The Time Limits On An Idaho Personal Injury Claim Begin?

That’s actually a fairly complicated question. There are quite a few cases decided by the Idaho Supreme Court that address this. There are multiple choices a state can make for when a statute of limitations period begins. One of them would be, when the wrongful act occurs. It would apply regardless of when the person figures out they’ve been injured. Another would be to start the statute of limitations when the plaintiff, or the claimant, figures out they’ve been damaged. In a cancer case, for example, if there’s a failure to diagnose cancer, it would often be the case that the claimant has no idea they have cancer and it’s only when they find out that there’s a claim.

Idaho has adopted a middle ground for this in that the statute of limitations, the two-year period, begins to run from the time the plaintiff is injured, or a decedent killed. There is “some damage” from the negligent or otherwise wrongful act. Oddly enough, there are quite a few cases that debate the question, when does some damage accrue? Again, the cancer case would serve as a good illustration.

A lawyer with a Wrongful Death Firm Idaho, like Hepworth Holzer, can explain.

Is there a way to extend the deadlines?

The statute of limitations is a 300-pound gorilla of a statute.  It is almost completely unforgiving. If the statute of limitations is blown by even one minute, or one day, then it’s gone. There is nothing you can do about it. That’s why it’s good to get in touch with an Accident Injury Lawyer Boise Idaho  sooner rather than later.

The one, and only way you can extend it before the deadline comes is to reach an agreement with the other side being sued. It’s called tolling the statute of limitations, which is essentially to pretend time does not exist for the period of the tolling agreement. But that would have to be agreed to by the other side. It’s quite unusual, and generally speaking, the easier path to follow is to believe the statute of limitations is two years and get the case filed within the two years.

You Can Call (or Text) Attorney John Janis for a free consultation at (208) 328-6998

Accident Injury Lawyer Boise Idaho, Wrongful Death Attorneys Firm Idaho

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John Janis

John has been with the firm since 1990. Like all partners in the firm, John is an AV® Preeminent™ Peer Review Rated Personal Injury Lawyer. . The AV rating is a peer review rating based upon esteem amongst the legal profession. John has had numerous honors bestowed on him by his peers in the legal community, including being selected for membership in respected national organizations, such as The American Board of Trial Advocates (ABOTA). In 2018, John was inducted as a fellow in the American College of Trial Lawyers, a prestigious organization in which membership is limited to no more than 1% of lawyers practicing in their home state. John has also served as President of the Idaho Trial Lawyers Association, and in 2015 was named Plaintiff’s Lawyer of the Year by Best Lawyers in America.

In addition to his trial practice, John is a frequent lecturer on trial skills and civil practice to attorneys in Idaho. He also maintains his commitment to the legal profession through service on various committees such as Committee to Revise the Idaho Civil Jury Instructions and the Idaho Rules of Evidence Committee. Most recently, John was appointed by the Idaho Supreme Court to serve on the Civil Justice Reform Committee.

John graduated with Honors from the University of Idaho School of Law in 1986, where he served as Executive Editor of the Idaho Law Review. He is admitted to practice in Idaho State Courts, the Federal District Court, and the Ninth Circuit Court of Appeals.

His legal acumen, self-effacing style, and presentation skill has resulted in John being a frequent lecturer for other lawyers on topics relating to civil trial practice. He has served the profession in helping revise the Idaho Jury Instructions, the Idaho Rules of Evidence, and the Rules of Civil Procedure through committee appointments from the Idaho Supreme Court. He is a member and past President of the Idaho Trial Lawyers Association, and is admitted to practice before the state courts, the federal district court, and the 9th Circuit Court of Appeals. John has also had substantial appellate experience, and been involved in a significant number of reported appellate decisions.

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