Personal Injury Statute of Limitations in Idaho
Last verified 2026-07 · Source: Idaho Code § 5-219(4) ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or when claimant knew or should have known of the injury and its cause under the discovery rule, under Idaho Code § 5-219(4).
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Under Idaho Code § 5-219(4), you have 2 years from Date of injury, or when claimant knew or should have known of the injury and its cause under the discovery rule to file a personal injury lawsuit in Idaho. Miss it and you lose the right to sue — but several Idaho-specific exceptions can extend (or shorten) that window, detailed below.
Idaho Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Idaho Code § 5-219(4) |
| Car Accident | 2 yrs | Idaho Code § 5-219(4) |
| Credit Card Debt | 4 yrs | Idaho Code § 5-217 |
| Medical Malpractice | 2 yrs | Idaho Code § 5-219(4) |
| Wrongful Death | 2 yrs | Idaho Code § 5-219(4) |
| Dog Bite | 2 yrs | Idaho Code § 5-219(4) (2-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Slip and Fall | 2 yrs | Idaho Code § 5-219(4) |
| Defamation | 2 yrs | Idaho Code § 5-219(5) |
| Breach of Contract | 5 yrs | Idaho Code § 5-216 |
| Medical Debt | 5 yrs | Idaho Code § 5-216 |
When the Clock Starts
In Idaho, the limitations period for personal injury lawsuits generally begins on Date of injury, or when claimant knew or should have known of the injury and its cause under the discovery rule. Idaho recognizes a discovery rule for this claim type: Idaho courts recognize the discovery rule; the 2-year period may begin when the plaintiff knew or should have known of the injury and its cause. Courts apply a reasonable diligence standard.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice of claim required within 180 days of the accident or injury under the Idaho Tort Claims Act (Idaho Code § 6-906); failure to give timely notice bars the claim
- Damage caps: $250,000 noneconomic damages cap for personal injury (Idaho Code § 6-1603)
Modified comparative fault — plaintiff barred if 50% or more at fault (Idaho Code § 6-1405). The Idaho Tort Claims Act notice requirement is strictly enforced. Idaho's $250,000 noneconomic cap is one of the lower caps among states that impose such limits.
Source: Idaho Code § 5-219(4), official Idaho statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Idaho government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Idaho Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Idaho | 2 years | Idaho Code § 5-219(4) |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190(4)(e) |
| Utah | 4 yrs | Utah Code Ann. § 78B-2-307 |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Idaho?
You have 2 years from Date of injury, or when claimant knew or should have known of the injury and its cause under the discovery rule, under Idaho Code § 5-219(4).
Can I still sue after 2 years in Idaho?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Idaho?
Yes. Idaho courts recognize the discovery rule; the 2-year period may begin when the plaintiff knew or should have known of the injury and its cause. Courts apply a reasonable diligence standard.
What if the victim was a minor?
Idaho generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice of claim required within 180 days of the accident or injury under the Idaho Tort Claims Act (Idaho Code § 6-906); failure to give timely notice bars the claim
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Sources
- Official Idaho Code § 5-219 — Actions for personal injuries; two-year limitation (Idaho Legislature)
- Corroborating Idaho Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating Idaho Code § 5-219 (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Idaho attorney.