Statute of Limitations
- 2 years from date of occurrence. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)
- Medical malpractice – 2 years. In cases involving a foreign object, the cause of action accrues when the injured party knows or should have known of the injury, and the cause of action may be brought within two years of act complained of or one year following the date of accrual, whichever is later. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)
Damages Cap
- $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
- Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment.
(§6-1604 – Limitation on punitive damages)
Statute of Limitations
- 2 years. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)
Damages Cap
- $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
- Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment. (§6-1604 – Limitation on punitive damages)
- Adult Abuse, Neglect, and Exploitation Act – (Idaho Code Title 39 (Health and Safety), Chapter 53, §§39-5301-5312)
- Adult Protective Services – (Idaho Code Title 67 (State Government and State Affairs, Chapter 50 (Commission on Aging), §67-5011)
- Rules of the Board of Examiners of Nursing Home Administrators (§24.09.01)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
