Idaho Civil Statute of Limitations Laws

Each state has its own statute of limitations. This is the period of time after an incident when a plaintiff can file legal action to recover damages.

The statute of limitations starts or "runs" from when the incident happens. For instance, a personal injury statute of limitations begins on the day of a car accident. The amount of time a plaintiff has to file a case depends on the nature of the civil action.

If you want to file a lawsuit, contact a litigation attorney for help.

State laws toll or pause the statute for fairness reasons. If a plaintiff could not reasonably have discovered an injury until many years after the incident, the discovery rule allows them to file a lawsuit at that time. Asbestos and mesothelioma claims are examples of this rule.

Some states allow "equitable tolling." This rule tolls the statute while a plaintiff pursues another remedy. For instance, a worker's compensation claim might take longer to resolve than a state's statute of limitations. Equitable tolling would let the worker file a lawsuit after the workers' comp claim failed. Other states use a "notice of intent to file" document. This puts the defendant on notice that the plaintiff intends to file within the statutory period.

Idaho Civil Statutes of Limitations at a Glance

Civil claims are the most common types of court cases. You don't need an attorney to file a civil lawsuit. You should check with a lawyer before you file since statutes of limitation are inflexible. If you miss the deadline by even a day, the court will deny your claim.

Idaho code gives some potential plaintiffs a few extra years to bring a lawsuit. Legal disability means someone is unable to file a lawsuit because they are:

• Minors
• "Insane" or adjudicated mentally incompetent
• For real property claims, incarcerated (§ 5-213)

In those cases, the statute of limitations is tolled until the disability ends.

Visit FindLaw's Injury Law Basics section for more information.

Time Limits for Specific Civil Actions

The state of Idaho has its own time limits for civil causes of action. Always check online or with a local attorney to ensure you have the current statute before proceeding with your case.

Two Years:

• Personal injury, negligence, medical malpractice, product liability §5-219(4 & 5)
• Libel/Slander §5-219(5)
• Professional malpractice §5-219(4)
• Wrongful death

Three Years:

• Trespass on real property, taking, property damage, damage to personal property § 5-218
• Fraud § 5-218

Four Years:

• Enforcement of an oral contract §5-217
• Any other cause of action not listed § 5-224

Five Years:

• Enforcement of a written contract §5-216

10 Years:

• State actions on real estate § 5-202

Disclaimer: State laws are subject to change through new statutes, court rulings, and other means. FindLaw strives to ensure the accuracy of these pages. You should contact an attorney or conduct your own legal research to verify the state laws before making any legal decision.

Research the Laws of Idaho

Consider reviewing the following resources for more information about the laws of Idaho, including those related to statutes of limitations:

• Idaho Law contains links to Idaho's statutes, including those related to statutes of limitations.
• Official State Codes with links to the statutes in all 50 states and the District of Columbia.

Civil Statutes of Limitations: Related Resources

Consider reviewing the following resources, as well, for more information about laws and legal issues related to statutes of limitations:

• Idaho Negligence Law
• Idaho Criminal Statute of Limitations
• Time Limits to Bring a Case: The Statute of Limitations

Get Legal Advice From an Idaho Civil Litigation Attorney

Civil statutes of limitation determine how long you have to file your case. Whether you’re in Boise or elsewhere, you need legal advice from an experienced Idaho personal injury attorney to ensure that your case is filed on time.