Nursing Home Negligence or Abuse
- Two years.
- Two years from when the injury was discovered, or reasonably should have been discovered.
- If foreign object is found, case must be filed within two years of complaint of act, or one year after date of accrual, whichever is later.
- If claimant is insane or a minor, disability tolls running of limitations period but no later than six years. Idaho Code § 5-230
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- Two years from date of death.
- Non-economic damages cap of $250,000, which can rise or fall based on wage levels. Idaho Code § 6-1603 (2003)
- This cap does not apply if the claim is based on reckless or willful conduct, or conduct that constitutes a felony.
- A separate cap is potentially available to each plaintiff in a wrongful death case. Aguilar v. Coonrod, 151 Idaho 642, 650, 262, P.3d 671, 679 (2011).
- Punitive damages cap of $250,000 or three times compensatory damages. Idaho Code § 6-1604 (1990)
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.