Personal Injury Statute of Limitations in Idaho


In Idaho, the statute of limitations for most personal injury claims is two years from the date of injury, under Idaho Code Section 5-219. If you were injured in a car accident, truck crash, slip and fall, or other incident caused by someone else's negligence in Idaho, you have two years to file a lawsuit in district court. Waiting beyond this deadline means the court will dismiss your case permanently, regardless of the strength of your claim.

Two-Year Deadline for Most Idaho Injury Claims

Idaho Code Section 5-219 applies to claims for personal injury caused by negligence. The two-year clock starts on the date of the accident or injury. It applies to:

  • Car and truck accidents
  • Motorcycle accidents
  • Bicycle and pedestrian accidents
  • Slip and fall and premises liability
  • Dog bites
  • Workplace injuries (outside workers' compensation)

Wrongful Death Claims in Idaho

If a family member was killed due to someone else's negligence in Idaho, the wrongful death statute of limitations is also two years from the date of death, under Idaho Code Section 5-219. The personal representative of the estate must file the claim within this period.

Property Damage Claims

Claims limited to vehicle damage or other property losses in Idaho follow a three-year statute of limitations under Idaho Code Section 5-218.

Important Exceptions That Affect the Deadline

Claims Against Idaho Government Entities

If your accident involved a government vehicle, a poorly maintained public road, or another government-operated entity, Idaho's Tort Claims Act (Idaho Code Section 6-906) requires you to file a notice of claim within 180 days of the accident -- far shorter than the standard two-year period. Missing this notice deadline bars your claim entirely.

Minor Victims

If the injured person was under 18 at the time of the accident, Idaho's tolling rules generally pause the two-year clock until the victim turns 18. The full two years then runs from their 18th birthday.

Discovery Rule

For injuries that are not immediately apparent, Idaho courts may apply the discovery rule -- the two-year clock starts when the victim knew or reasonably should have known of the injury and its cause. This is most relevant in medical malpractice and exposure cases.

Why You Should Not Wait

The two-year deadline is the legal minimum. Key evidence disappears much faster:

  • Surveillance footage from businesses and intersections is typically overwritten within 30 days
  • Electronic logging device (ELD) data in truck cases can be overwritten in 30 days
  • Witnesses' memories fade and become harder to locate
  • Physical evidence at the scene is altered or removed

Contact an Idaho Personal Injury Lawyer

BAM Injury Law is licensed in both Utah and Idaho. Attorney Kigan Martineau maintains an office at 3597 E Monarch Sky Ln, Meridian, ID 83646 and represents personal injury victims throughout the Treasure Valley and beyond. Call (208) 923-1106 for Idaho cases or visit our Meridian personal injury lawyer page. Cases are handled on a contingency fee basis with no fee unless your case is won.

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BAM Injury Law is licensed in Idaho and represents injury victims throughout the Treasure Valley. No fee unless we win. Call (208) 923-1106.

Idaho Personal Injury Attorney →or call (801) 839-5652