Every state requires plaintiffs (or prospective plaintiffs) to file lawsuits within a certain period of time following the incident, called the statute of limitations. The time limits imposed by states differ according to the type of civil action, typically ranging from one to five years or so, and begin "tolling" at the point of the incident in most cases. However, the discovery rule holds that the time does not begin tolling (or counting toward the time limit) until the plaintiff has discovered or reasonably should have discovered the injury. For example, someone who was exposed to an environmental toxin 30 years ago but just now discovers he or she has a certain kind of cancer caused by this toxin may be able to invoke the discovery rule.
Another exception to these time limits (depending state law) is the theory of "equitable tolling," which allows an injured person who has pursued another remedy in good faith to file suit after the deadline. For example, tolling is often "paused" when an injured person files a workers' compensation claim.
Idaho Civil Statute of Limitations at a Glance
The state of Idaho imposes a two-year limit for personal injury claims and medical malpractice, while fraud, injury to personal property, and trespassing carry a three-year statute of limitations. Written contracts carry a five-year limit, but oral contracts have a four-year limit.
The following chart lists additional time limits for various civil actions in Idaho. See FindLaw's Injury Law Basics section for more information.
|Injury to Person||2 yrs. §5-219(4 & 5)|
|Libel/Slander||2 yrs. §5-219(5)|
|Fraud||3 yrs. §5-218(4)|
|Injury to Personal Property||3 yrs. §5-218(3)|
|Professional Malpractice||2 yrs. §5-219(4)|
|Trespass||3 yrs. §5-218(2)|
|Collection of Rents||5 yrs. §5-204|
|Contracts||Written: 5 yrs. §5-216; Oral: 4 yrs. §5-217|
|Collection of Debt on Account||-|
|Judgments||6 yrs. §5-215(1)|
Note: State laws are not carved in stone and may change at any time through the enactment of new statutes, appellate court decisions, and other means. While we strive to ensure the accuracy of these pages, you may also want to contact an Idaho personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
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The civil statute of limitations in Idaho depends on the type of injury involved. A good Idaho attorney can find the right cause of action which falls within Idaho's statute of limitations so they can help maximize your financial award. If you're interested in filing a lawsuit for a personal or economic injury, it's a good idea to contact a skilled litigation attorney in Idaho.
Contact a qualified attorney.