The statute of limitations refers to the duration under which the law allows you to take legal actions against an individual or business liable for your injury. It applies to all kinds of personal injury cases such as:
- Car accident cases
- Medical malpractice claims
- Product liability claims
- Wrongful death cases
The statute of limitations draws its basis from the fact that all legal disputes should find a solution on time in any just society. It also appreciates the fact that evidence disappears over time. The statute of limitations varies significantly between different states. When working with Idaho Personal Injury Lawyers on your personal injury case, the statute of limitations is two years.
The clock starts ticking on the day of the incident that causes your injury or on the day of the deceased’s death in the case of wrongful death. In the case of medical malpractice involving a foreign object left in the body after a medical procedure, the statute of limitations starts on the day when you find out about or should have known about your injury. When filing a product liability claim, the two-year limit must fall within the useful, safe life of the product in question.
Cases Involving Children
One important exception to the two-year limitation in Idaho comes into action in cases involving children. If a child sustained injuries, the statute of limitations starts on their 18th birthday.
However, you cannot delay the statute of limitations for more than six years based on the minority status of the injured party. When filing a wrongful death claim relating to the death of a minor, you have to adhere to the standard statute of limitations.
Cases Involving Government Entities
Suppose you want to file a case involving a federal, state, or local government or its representative or employee. In that case, restrictions exist that require notice to the government regarding the claims you want to file.
You can potentially lose your right to sue if you fail to notify the government of the claim. Government entities enjoy protection under the doctrine of sovereign immunity, so the filing rules differ. When filing a lawsuit against a government employee or agency, you must file a notice not more than 180 days after the accident.
Once you file the notice, you will have to file your personal injury claim within two years. Given how complicated the rules are, you may want to discuss them with an attorney to understand them better.
Contact an Attorney As Soon As Possible
When you miss your statute of limitations, you may lose your opportunity to sue for compensation. To avoid this, contact a personal injury attorney immediately after the accident. They can help you understand the statute of limitations in Idaho and work on the claim while you focus on recovery.
In summary, the statute of limitations for personal injury cases in Idaho is two years. For medical malpractice cases involving a foreign object left in the body, you have two years from the day when you find out about or should have known about your injury.
For minors, it starts on their eighteenth birthday. Wrongful death claims involving children work under the standard statute of limitations. If the case involves a government entity, you must notify the government before filing a claim.