In Idaho, personal injury statutes provide you with a means to recover financial compensation for harm you have suffered due to someone else’s negligence or intentional actions.
But as for how much money you can recover, the sky isn’t the limit. Like many other states, Idaho has statutes that place limits on some types of compensation.
Non-Economic Damage Cap for Idaho Personal Injury Claims
Expenses related to your injury that can be calculated from records and documents are referred to as economic damages.
These may include current and future medical bills, lost wages, lost future earning capacity and damages to property. Compensation for economic damages is not limited by our state’s personal injury laws.
Non-economic damages, however, do have a cap on the amount that can be recovered in a personal injury claim.
These damages — which include pain and suffering and loss of enjoyment of life — are considered subjective, and high awards are believed to strain the overall economy. As such, Idaho has enacted a cap of $250,000 on non-economic damages in injury cases.
Punitive Damage Cap for Idaho Personal Injury Claims
Both economic and non-economic damages are intended to compensate the victim for the injury.
Punitive damages, on the other hand, are intended to punish intentional misconduct and deter the defendant and others from similar actions in the future. These damages are awarded in only a small percentage of injury lawsuits.
In order to obtain punitive damages in Idaho, personal injury claims must prove that the defendant’s conduct was fraudulent, malicious, oppressive or outrageous. And the amount that may be awarded is limited.
State law requires that judgments for punitive damages do not exceed the greater of $250,000 or three times the amount of the compensatory damages.
Collecting Compensation from Multiple Defendants
In most Idaho injury cases, if more than one defendant is found to be at fault, each will be required to pay a percentage of the damages that equals their proportionate liability.
It doesn’t matter if one defendant is more than capable of shouldering the entire amount of the injury claim or if another is nowhere to be found or is penniless. Each will only be legally responsible for his or her share of the award.
With some injury claims, however, joint and several liability applies.
This means that, even if multiple defendants were responsible for the injury, the plaintiff could pursue a claim to recover the entire judgment from any one of the defendants. In Idaho, joint and several liability is limited to cases in which a person acted as an agent of another party, or where multiple parties acted in concert to intentionally or recklessly commit harm.
Have you suffered harm because of someone else’s carelessness or intentional misconduct? The professionals at the Montgomery Dowdle are experienced in recovering the maximum compensation personal injury claims.
Contact our office today to schedule a complimentary consultation for your Idaho personal injury case.