Idaho · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Idaho?

Idaho gives you 2 years from the date of injury to file a personal injury lawsuit under Idaho Code § 5-219(4).

Updated 2026-05-22 · See all 50 states

Key facts: Idaho

Personal injury deadline
2 years
Idaho Code § 5-219(4)
Wrongful death deadline
2 years
Idaho Code § 5-311
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Idaho follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Idaho

Two years for both PI (from date of injury) and wrongful death (from date of death). Claims against governmental entities have a 180-day notice requirement under Idaho Code § 6-905. Minor tolling capped at six years.

Related: Idaho comparative negligence rule

Idaho follows a modified 50% bar rule. Modified comparative negligence with a 50% bar; the plaintiff recovers only when fault is "not as great as" the defendant’s. At exactly 50% the claim is barred.

Read the full Idaho comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Idaho attorney before relying on it.

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Idaho Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Idaho?

In Idaho, the general personal injury statute of limitations is 2 years from the date of injury under Idaho Code § 5-219(4). Two years for both PI (from date of injury) and wrongful death (from date of death). Claims against governmental entities have a 180-day notice requirement under Idaho Code § 6-905. Minor tolling capped at six years.

Does Idaho have a separate deadline for wrongful death?

Yes. Idaho's wrongful death statute of limitations is 2 years under Idaho Code § 5-311. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Idaho personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Idaho personal injury attorney before assuming a claim is barred.

What is Idaho's comparative negligence rule?

Idaho follows a modified 50% bar rule under Idaho Code § 6-801. Modified comparative negligence with a 50% bar; the plaintiff recovers only when fault is "not as great as" the defendant’s. At exactly 50% the claim is barred.

Where can I read the actual statute?

The controlling statute is Idaho Code § 5-219(4). The full text is available on the official Idaho legislature website at https://legislature.idaho.gov/statutesrules/idstat/title5/t5ch2/sect5-219/.

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