This form is an sample general personal injury complaint which requires the insertion of the specific facts of the particular case, cause of action, and remedy sought.
Idaho General Personal Injury Complaint
State:
Multi-State
Control #:
US-PI-0020
Format:
Word;
Rich Text
Instant download
Description
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How to fill out General Personal Injury Complaint?
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FAQ
The state of Idaho imposes a two-year time limit for personal injury and medical malpractice claims. However, laws of the state also set a statute of limitations of three years for claims related to fraud, injury to personal property, and trespassing.
General damages or non-pecuniary losses are those damages which cannot be mathematically assessed at the date of trial. The predominant head of general damages in personal injury claims is pain, suffering and loss of amenity although there are a number of other heads of general damages which must also be considered.
Idaho's $250,000 damage cap applies to the sum of a claimant's noneconomic damages regardless of the number of people responsible for the accident or the number of claims filed.
Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage. As expected, we saw another large increase, 6.5%, from $430,740.03 in 2022 to $458,728.65 in 2023.
Under the Idaho Tort Claims Act (?ITCA?), an Idaho government entity is liable ?for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties . . .
Limits on Damages Idaho caps damages for pain at suffering at $250,000 (adjusted annually for inflation), except in certain cases such as willful or reckless misconduct. Furthermore, the state's "modified comparative negligence" rule bars any recovery if the plaintiff was 50% or more responsible for causing the injury.
Compensatory damages or ?actual damages? are those monetary amounts that are awarded to compensate for a proven injury or loss. Compensatory damages are broken down into two sub-categories, called ?special damages? and ?general damages.?
Search Idaho Statutes 6-1604. Limitation on punitive damages. (1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.