Wrongful Death 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 death (the occurrence, act, or omission complained of), under Idaho Code § 5-219(4).
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The deadline to file a wrongful death lawsuit in Idaho is 2 years, set by Idaho Code § 5-219(4). It starts running on Date of death (the occurrence, act, or omission complained of). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Idaho Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 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) |
| Personal Injury | 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 wrongful death claims generally begins on Date of death (the occurrence, act, or omission complained of). Idaho does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- 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: 180 days from date claim arose or reasonably should have been discovered to file with Secretary of State (Idaho Code § 6-905)
- Damage caps: Noneconomic damages capped at $250,000 (adjusted annually per Idaho Code § 6-1603); no cap on economic damages; cap does not apply to willful/reckless misconduct or felonious conduct
Wrongful death action under Idaho Code § 5-311. Filed by heirs or personal representative. Heirs include spouse, children, stepchildren, parents, and dependent relatives. Pain and suffering of decedent not recoverable. Separate survival action exists.
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 | 3 yrs | ORS § 30.020 |
| Nevada | 2 yrs | Nev. Rev. Stat. §§ 41.085, 11.190(4)(e) |
| Utah | 2 yrs | Utah Code § 78B-2-304 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-38-102 |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Idaho?
You have 2 years from Date of death (the occurrence, act, or omission complained of), 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 (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Is the deadline different for claims against the government?
180 days from date claim arose or reasonably should have been discovered to file with Secretary of State (Idaho Code § 6-905)
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Sources
- Official Idaho Code § 5-219 - Limitation of Actions for Personal Injuries and Wrongful Death
- Corroborating Nolo - Wrongful Death Lawsuits in Idaho
- Corroborating FindLaw - Idaho Civil Statute of Limitations Laws
- 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.