The average personal injury award in Idaho was $429,119, according to Jury Verdict Research that complied data from 2000-2006. Before Idaho personal injury lawyers and their clients overestimated the actual value of injury cases in Idaho, this number deflates dramatically when using the median instead of the average personal injury verdict. The median verdict is $17,000. Idaho personal injury plaintiffs obtained a recovery in 56% of the cases that went to trial during this same time period.
Idaho Personal Injury Verdicts and Settlements
- 2023, Idaho: $24,300 Settlement. The plaintiff, a 43-year-old female, was traveling southbound on SR 19 in Jefferson County, Washington, and slowed her vehicle to make a left turn into a driveway. The defendant attempted to pass her vehicle in a no-passing zone as she was making her left turn, striking the rear driver’s side of her vehicle. Plaintiff’s injuries included neck and back sprains/strains with cervical radiculopathy; post-traumatic headaches.
- 2022, Idaho: $500,000 Settlement. 71-year-old female plaintiff was operating a Chrysler minivan on East Prairie Avenue and was stopped at a red light at its intersection with North Government Way in Hayden, Idaho. The defendant, who was driving a work truck for a plumbing company, ran a red light and struck the plaintiff’s vehicle in an intersection. The plaintiff suffered a leg injury and scarring which was permanent. The defendant was charged with DUI.
- 2022, Idaho: $115,000 Settlement. The plaintiff was rear-ended by the defendant and suffered injuries including low-back injury; lumbar strain and annular fissure at L5-S1. Neck and back pain; finger injury. The plaintiff’s treatment included steroid injections and physical therapy.
- 2021, Idaho: $91,000,000 Verdict. A 31-year-old man walked into a convenience store that was being robbed. The store clerk struggled with the robber. He subsequently asked the man to call the police. The robber exited the store. Moments later, the man also exited the store. He was struck in the head by the robber’s baseball bat. The man suffered a traumatic brain injury. He developed chronic headaches, epilepsy, headaches, and cognitive loss. The man now suffered from post-traumatic stress disorder, anxiety, and depression. A Pierce County jury awarded him $91,000,000.
- 2021, Idaho: $8,500 Settlement. A woman was struck head-on. She injured her neck and back. The woman alleged negligence against the at-fault driver. She claimed he failed to maintain an appropriate lookout and yield the right-of-way. This case settled for $8,500.
- 2021, Idaho: $175,000 Settlement. A woman was rear-ended in snowy conditions. She injured her left wrist and back. The woman also suffered soft-tissue hip, left arm, neck, and back injuries and a concussion. She underwent triangular fibrocartilage complex and extensor pollicis longus repairs. The woman was left with carpal tunnel syndrome. She alleged negligence against the at-fault driver. The woman claimed he negligently drove in poor weather conditions and failed to timely brake his vehicle. This case settled for $175,000.
- 2021, Idaho: $40,000 Settlement. A 67-year-old woman was T-boned. She suffered a SLAP tear. The woman also suffered foot, shoulder, and thigh pain and seatbelt burns. She underwent shoulder surgery. The woman alleged negligence against the at-fault driver. She claimed he failed to yield the right-of-way and stop at a red light. This case settled for $40,000.
- 2021, Idaho: $350,000 Settlement. A man was T-boned by a tractor-trailer. He suffered a C6 fracture, T5-6 fracture, a facial hematoma, an orbital fracture, a right ear laceration, spinal pain, and temporomandibular joint symptoms. The man underwent chiropractic care and an ear repair. He also wore a thoracic lumbar sacral orthosis brace. The man experienced residual headaches and pain in his back and temporomandibular joint. He alleged negligence against the truck driver. The man claimed he ran a stop sign and failed to yield the right-of-way. This case settled for $350,000.
- 2020, Idaho: $30,000 Settlement. A woman was rear-ended. She injured her neck and back. The woman also suffered the aggravation of her preexisting fibromyalgia and rheumatoid arthritis. She underwent pain management, chiropractic care, and physical therapy. The woman alleged negligence against the at-fault driver. She claimed he failed to maintain an appropriate lookout and slow down for traffic. This case settled for $30,000.
- 2019, Idaho: $893,422 Verdict. A 49-year-old woman underwent a hysterectomy. The surgeon identified and repaired a bowel rent during the procedure. He failed to tell the woman of the repair before discharging her. Three days later, the woman suffered sepsis. She underwent an emergency abdominal procedure. The surgeon team discovered a bowel perforation that caused fecal matter leakage. The woman alleged negligence against the surgeon. She claimed he negligently performed the surgery and failed to receive her informed consent. The woman received an $893,422 verdict.
- 2017, Idaho: $94,000 Verdict. A woman was sideswiped. She sustained a traumatic brain injury. The woman developed visual issues. She alleged negligence against the at-fault driver. The woman claimed he failed to maintain an appropriate lookout and yield the right-of-way. An Ida County jury awarded $94,000.
- 2017, Idaho: $24,000 Settlement. A 73-year-old woman was broadsided. She suffered temporomandibular, cervical, and lumbar pain. The woman alleged negligence against the at-fault driver. She claimed she failed to maintain an appropriate lookout and yield the right-of-way. This case settled for $24,000.
- 2017, Idaho; $150,000 Settlement. A 78-year-old woman exited a Subway with her sandwich. She slipped and fell on ice. The woman struck her head. She lost consciousness for over 20 minutes. The woman suffered an elbow fracture and a pelvis injury. She spent a month in a rehabilitation facility. The woman alleged negligence against Subway. She claimed its employees failed to treat the ice outside. This case settled for $150,000.
- 2017, Idaho: $30,000 Settlement. A man was struck head-on. He suffered an orbital fracture, eye trauma, ecchymosis, chest pain, neck tenderness, and a wrist abrasion. The man developed post-traumatic stress syndrome. He sustained permanent mydriasis. The man alleged negligence against the at-fault driver. He claimed they made a negligent left turn and failed to yield the right-of-way. This case settled for $30,000.
- 2017, Idaho: $50,000 Settlement. A woman was rear-ended. She suffered a concussion, convergence insufficiency, and soft-tissue spinal injuries. The woman also developed permanent vision issues. She alleged negligence against the at-fault driver. She claimed she tailgated her and failed to maintain an appropriate lookout. This case settled for $50,000.
Idaho Personal Injury Laws
Below is a general outline of Idaho law in personal injury cases.
Idaho 2-Year Statute of Limitations in Personal Injury Cases
All states have statute of limitations laws that set time limits for how long a potential plaintiff can wait before filing a civil lawsuit for personal injuries. The time limits imposed vary from state to state, but the effect is essentially the same. If you don’t file a lawsuit before the applicable statute of limitations time period expires, you will lose your right to file suit.
The statute of limitations in Idaho for all personal injury claims is 2-years. Idaho Stat. § 5-219. This law states that all actions for personal injury (including medical malpractice) must be filed within 2 years of the date that the “cause of action accrues” or the claim will be time-barred.
To calculate exactly when Idaho’s 2-year statute of limitation expires, the most important questions is when does the plaintiff’s “cause of action accrue.” Idaho courts have fully adopted the legal doctrine known as the “discovery rule” for establishing when a cause of action accrues for purposes of starting the 2-year statute of limitations clock. Under this rule, a cause of action accrues when the plaintiff first discovers or reasonably should have discovered that they were injured as a result of negligence.
In simple personal injury cases, such auto accidents or dog bites, the date of discovery is always going to be the date that the accident and/or injury occurred. So the 2-year SOL period begins running right away. The discovery rule comes into play in more complication cases, such as medical malpractice cases involving misdiagnosis. In those cases, the 2-year SOL might not start until years after the plaintiff’s injury occurs.
Idaho Follows Comparative Fault Rule
In many personal injury cases, the defense may argue that the plaintiff was partly (or fully) at fault for the accident or cause of their injury. These are referred to as shared fault cases and each state has its own particular rules for how to resolve liability in these circumstances. Idaho has adopted the modern rule called modified comparative fault.
Under the doctrine of comparative fault, each party bears responsibility for their own percentage share of fault in an accident and a plaintiff’s damages will be reduced that share. For example, if the plaintiff is found to be 20% at-fault and the defendant is 80% at fault, the plaintiff’s damages would simply be reduced by 20%.
In pure comparative fault states, the plaintiff can recover damages no matter how high their percentage share of fault is. Idaho has modified the pure comparative fault rule with a 50% bar. Under this rule a person who is found to be more than 50% at fault is completely barred from recovery. This means if you are 51% at fault for the accident then you are unable to seek any damages.
Idaho Damages Cap
Idaho is one of only a small handful of states that has enacted a law imposing an across the board maximum cap on damages in all tort cases (not just medical malpractice cases). Idaho’s damage cap limits the amount of non-economic damages (pain & suffering) that can be awarded in personal injury cases. Idaho Stat. § 6-1603. The cap adjusts upward each year. As of 2023, the maximum cap on pain and suffering damages is around $450,000.
It is important to note, however, that this cap only applies to non-economic damages. There is no limit on the amount of economic damages that a plaintiff can recover in a personal injury case.
Idaho Dog Bite Law
Idaho has not adopted a strict liability standard for cases involving dog bites. Instead, Idaho continues to follow the rule known as the “one bite” rule. Under this rule, Idaho dog owners will be held liable for injuries caused by their dog (or other animal) if the injured party can show that the owner “should have known” the animal was dangerous.
Idaho Mass Tort Claims
There are number of national mass torts or “class actions” that involve hundreds of West Virginia plaintiffs, including claims our law firm is handling across the country:
- Paraquat Parkinson’s lawsuit: evidence linking Parkinson’s disease to long term exposure to the herbicide Paraquat has prompted thousands of lawsuits across the country.
- Tylenol autism lawsuit: new studies have determined that using Tylenol (acetaminophen) during pregnancy can cause the baby to develop autism or ADHD. This has prompted a growing class action lawsuit by parents of children with autism and ADHD.
- Camp Lejeune lawsuit: A new law allowed individuals exposed to the toxic water at the Camp Lejeune marine corps base in North Carolina to file claims for compensation.
Idaho Requires Pre-Litigation Screening of Medical Malpractice Cases
Idaho has a fairly unique law that states that before a plaintiff can file a medical malpractice lawsuit against a doctor, hospital or other licensed healthcare provider, the claim must first be submitted to a hearing panel compiled by the Idaho Board of Medicine. This procedure is known as “preligitation screening” and not many states have this. The detailed rules regarding this requirement are set forth at Idaho Stat. § 6-1001.
The hearing panel reviews the relevant medical records and other materials provided by the plaintiff. After reviewing these materials, the panel makes a decision as to whether the plaintiff’s malpractice claims appear to have merit and can even recommend a settlement. However, the decision of the panel is entirely non-binding so the plaintiff can file their lawsuit no matter what the decision is.
Recent Idaho Supreme Court Opinions
The Idaho Supreme Court has issued a few interesting appellate decision in medical malpractice lawsuits in 2023:
Hiring an Idaho Personal Injury Lawyer
Our firm handles serious injury and wrongful death lawsuits in Idaho by working with local partner firms. We compensate our Idaho lawyers out of our own attorneys’ fees so it doesn’t cost you anything to have two law firms instead of one. And you only owe a fee if you get settlement compensation or a jury payout for you.
If you were hurt and believe you have a potential civil tort claim, click here for a free no-obligation consultation or call us today at 800-553-8082 or get a free consultation online.