You pay nothing until we win
by Matthew C. Andrew - June 28th, 2023
The term “statute of limitations” means a legal time limit. There are both criminal statutes of limitations and civil statutes of limitations, including for personal injury claims.
The time limits set forth how long someone has to bring the legal action in question, including filing criminal charges or filing a personal injury lawsuit to seek compensation for your injuries and losses.
If you suffered an injury and believe someone else was to blame, never wait to start the process. Near the Caldwell, Nampa and Meridian, ID, areas, seek a consultation with our Nampa personal injury lawyers at Andrew Injury Law.
A statute of limitations is a legal time limit imposed on individuals to file a lawsuit. In the context of personal injury cases, it refers to the time frame within which an injured person must initiate legal action. It is important to understand that once this time limit expires, you may lose your right to seek compensation for your injuries. For an average case in Idaho, the victim (or the victim’s family if the victim passed away) has two years from the incident date to sue the other party. If you miss this deadline, the judge will almost certainly dismiss your case, unless an exception applies.
Below are some exceptions relating to Idaho’s personal injury statute of limitations.
In general, statutes of limitations don’t start running until the victim is aware they have a legal cause of action. This means the date you know or should have known that you have injuries and that someone else was responsible.
Additionally, in a case of wrongful death, the clock starts ticking from the day of the death – not the initial injury. Accident victims don’t always die immediately after their accidents.
Some may stay in a coma or vegetative state for months, even years, before eventually succumbing to their injuries. In a wrongful death case in Idaho, the statute of limitations is also two years, but the clock doesn’t start ticking on the day of the accident.
Let’s say you were injured in a car accident caused by a drunk driver. After a few months, you start experiencing intense pain and discover that you need surgery to treat your injuries. In this case, the discovery rule can come into play when determining the statute of limitations for your personal injury claim.
In our example, since you didn’t immediately realize the severity of your injuries, the statute of limitations would begin from the date you discovered the need for surgery. This means you would still have two years from that point to file a personal injury claim. It’s important to note that the discovery rule can be complex, and each case is unique. Consulting with an experienced attorney can help you understand how the discovery rule may apply to your situation.
Injuries that occur in childhood are viewed differently because children don’t always understand the full extent of their victimization or injuries. Idaho allows the child to reach the age of majority before the two-year time limit begins.
Suppose a child was sexually assaulted when she was only 8 years old. The injuries she sustained were severe, resulting in long-term physical and emotional trauma. Due to her young age at the time of the incident, the statute does not begin until she turns 18 years old. This means that she has until her 20th birthday to file a personal injury claim against her rapist.
The child victim exception recognizes that young children may not have the ability to understand their legal rights or their injuries’ long-term consequences. By extending the statute of limitations, it allows child victims the opportunity to seek compensation for their injuries when they are older and better equipped to understand and advocate for themselves.
However, other complex time restraints exist for child-related claims, so it’s crucial to have our attorneys review the timeline. This ensures that you meet all legal deadlines and maximize your potential for a successful claim. A Nampa personal injury lawyer from our team can provide the necessary expertise to navigate these specific legal challenges effectively.
Statutes of limitations are more complicated than most people think. Never assume an exception applies – or doesn’t apply – to your situation. Instead, let our legal team assess when you need to take legal action.
Also, remember that injury cases usually go through the insurance claim process before you file a lawsuit, which can take time. You want your lawyer to have ample opportunity to investigate your accident, gather evidence, and negotiate a settlement. If you do not receive a fair settlement offer, you will still need to file a lawsuit within the deadline.
It is crucial to take immediate action and file your lawsuit as soon as possible. Waiting until the end of the statute of limitations can have serious consequences, including the potential destruction of evidence, the unavailability of witnesses, and other complications that can hinder your case.
One of the main reasons why it is important to act swiftly is the preservation of evidence. Over time, evidence can deteriorate, get lost, or even be deliberately destroyed. For example, if your injury was the result of a car accident, physical evidence such as skid marks and vehicle damage may fade or be repaired. By filing a lawsuit promptly, you increase your chances of preserving vital evidence that can strengthen your case.
Another factor to consider is the availability of witnesses. Memories fade, people move away, or sadly, witnesses may even pass away. Witness testimony plays a crucial role in personal injury cases, as it can provide important details and perspectives on what happened. By acting promptly, you have a better chance of locating and obtaining the testimony of witnesses who can support your claim.
Moreover, waiting until the last minute to file a lawsuit can lead to unnecessary complications. Legal procedures and paperwork take time, and rushing through these processes can result in avoidable mistakes or delays. By consulting with an experienced attorney and initiating legal proceedings sooner rather than later, you can ensure a smoother and more efficient process.
In summary, filing a lawsuit as soon as possible is crucial when pursuing a personal injury claim. By acting promptly, you increase your chances of preserving essential evidence, securing witness testimony, and avoiding unnecessary complications. Don’t wait until the end of the statute of limitations. Never delay in beginning the process following an injury.
To ensure you find the right Idaho personal injury attorney, it is crucial to ask the right questions during the hiring process. Here are 12 questions to consider:
Make sure to take notes during your consultation, and trust your instincts when choosing the attorney who best aligns with your needs and priorities. Andrew Injury Law is an Idaho personal injury legal dream team experienced in cases like yours. We’d love to answer all your questions! Before the clock runs out, schedule a free legal consultation with us today. You can reach us at 208-408-1308 or use our web form to get the justice you deserve.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
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FAQs
Yes, Idaho does have a two-year statute of limitations for personal injury actions. This means that you have two years from the date of the injury to file a lawsuit. It’s important to understand that if you wait too long, your ability to seek compensation may be jeopardized.
The time frame for filing a personal injury claim depends on the statute of limitations, which, as mentioned earlier, is typically two years in Idaho. However, the clock starts ticking from the date of the injury or when you discovered the injury. Therefore, if you were unaware of your injury for some time, you may still have the ability to pursue legal action within the two-year window.
While it may be challenging to get around the statute of limitations, there are some exceptions that could potentially extend the time limit. These exceptions include:
Always consult with an experienced personal injury attorney who can evaluate your specific circumstances and advise you on the timeline.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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