Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.
(877) 262-9767 for a confidential consultation.
Idaho
- SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years
- SOL for Medical Malpractice Claims (Parental Claims): 2 years
- SOL for Wrongful Death Claims: 2 years
Idaho Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
8 years (6 years for governmental entities): Idaho Code § 5-230: the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority. Idaho Code § 6-906A: Minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after said person reaches the age of majority or six (6) years from the date the claim arose or should reasonably have been discovered, whichever is earlier.
Idaho Statute of Limitations for Medical Malpractice Claims (Parental Claims)
2 years: Idaho Code § 5-219: Professional Malpractice: 2 years.
Idaho Medical Malpractice Claim Caps
Idaho Code § 6-1603: In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code.
Idaho Statute of Limitations for Wrongful Death Claims
2 years: Idaho Code § 5-219: Within two (2) years…An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant.
Idaho Wrongful Death Claim Caps
Idaho Code § 6-1603: In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code.
The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.
Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.