TRAPS IN LAWSUITS AGAINST IDAHO GOVERNMENT ENTITIES

The general statute of limitations for negligence cases in Idaho is two years, as of this writing (May, 2020). This is the statute of limitations that would apply to car accidents, slip and fall cases, negligent supervision of children, and many other types of injuries that result from the carelessness or negligence of others. If a lawsuit is not filed within the statute of limitations, then the case is forever barred.

Sometimes, in fact many times, the negligence involved is committed by a government entity, whether it is the State, County, City or other government entity. Although the two year statute of limitations applies to most negligence claims against government entities, this right to sue must be preserved by filing a Notice of Tort Claim within 180 days of the act of negligence. This technical detail has resulted in hundreds of injured citizens of Kootenai County and other Idaho locations being denied the right to a jury trial for their injuries.

The Tort Claim form is not very complicated, and one can probably be completed without an attorney. Details on the claim form can be found at:

https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch9/

However, what many people don’t realize is the fact that the 180 day Tort Claim rule also applies to entities that are owned by a government entity. For example, many Idaho hospitals are owned and operated by the local county government. Therefore, if a person believes that he or she has been injured due to medical malpractice at that hospital, a Tort Claim form must be filed within 180 days, or the right to sue within the two year statute of limitations is gone.

It is for this reason that persons seriously injured due to the negligence of other should promptly contact an experienced trial lawyer as soon as possible after the injury.

Call or text the Bendell Law Firm for a free initial consultation if you have been serious injured due to the negligence of others.