If you have sustained a personal injury in Idaho due to the negligence of a public entity such as a city or state, or if the injured party is a minor, it’s crucial to be aware of the statute of limitations that applies to your case. The statute of limitations sets a specific time limit within which a lawsuit must be filed. Failing to file within this timeframe can result in the loss of your right to seek compensation for your injuries.
Statute of Limitations for Personal Injury Cases Involving Public Entities
In Idaho, personal injury claims involving public entities, such as cities, counties, or the state government, are subject to different rules and limitations compared to claims against private individuals or entities. These cases fall under the jurisdiction of the Idaho Tort Claims Act (ITCA), which has its own specific requirements and deadlines.
Timing
According to the ITCA, before filing a lawsuit against a public entity, a claimant must first file a notice of claim within 180 days of the incident. This notice should include the details of the injury, the circumstances surrounding it, and the damages sought. The public entity then has 90 days to respond to the claim.
If the public entity denies the claim or fails to respond within 90 days, the claimant has an additional 90 days to file a lawsuit in court. However, it’s important to note that even if the claim is denied, the claimant must still adhere to the general statute of limitations for personal injury cases in Idaho.
Statute of Limitations for Minors in Personal Injury Cases
In personal injury cases involving minors, the statute of limitations in Idaho is extended to account for their age and legal incapacity to file a lawsuit. Generally, the clock starts ticking from the date of the minor’s 18th birthday. This means that a minor has the right to bring a personal injury lawsuit until they reach the age of 20. However, it can never exceed six years before the statute runs. In other words, if the child is eight years old, they would have six years before the statute begins it’s countdown, giving them a total of eight years.
This extended statute of limitations for minors is intended to protect their rights and ensure that they have an opportunity to pursue compensation for their injuries once they reach adulthood. However, it’s still advisable to consult with an attorney as soon as possible to ensure that all necessary steps are taken within the appropriate timeframe.
Exceptions and Additional Considerations
It’s important to understand that there may be exceptions and other factors that can affect the statute of limitations in personal injury cases. For instance, if the injury was not immediately apparent or if the defendant committed fraud or concealment, the statute of limitations may be extended. Conversely, if the injured party is mentally incapacitated or imprisoned, the statute of limitations may be tolled or paused.
Consulting an experienced personal injury attorney in Idaho is essential to fully understand the specific circumstances of your case and determine the applicable statute of limitations. They can provide you with the guidance needed to navigate the legal process and ensure that your rights are protected.
