Could you please explain how the cap on pain and suffering damages in Idaho works? And are there situations where a health care provider could be held liable for paying $1 million or more in pain and suffering?
Idaho treats “pain and suffering” as a legal term for both the physical and emotional distress caused by a physical injury. If you’ve been injured in this state, you’ll want know how courts deal with pain and suffering damages in Idaho.
Below is a table showing key aspects of Idaho’s pain and suffering damages, including limits on damages and the statute of limitations.
Statute of Limitations • 2 years for personal injury, medical malpractice, and product liability (Sec’s. 5-219 & 6-1403(3));
• 180 days to file notice of claim against state or local governments (Sec’s. 6-905, 906)
Limits on Damages • $250,000 cap on non-economic damages, adjusted annually for inflation ($342,030.36 in 2016) (Sec. 6-1603);
• $500,000 cap on most claims against governement entities (Sec. 6-926)
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