If you’ve been injured in an accident in Boise or anywhere in Idaho due to someone else’s negligence, you’re probably wondering what kind of compensation you may be entitled to. Medical bills, lost wages, and pain can quickly add up—and Idaho law gives injury victims the right to seek damages for these losses through a personal injury claim.
But what does “damages” actually mean in legal terms? And how does Idaho determine what’s recoverable and what’s not? This blog post breaks down the types of damages available in Boise personal injury cases, the rules that apply in Idaho, and practical considerations that can affect your compensation.
What Are “Damages” in a Personal Injury Case?
In a legal context, “damages” are the monetary compensation awarded to an injured party for losses suffered due to another person’s actions. In Idaho, these damages fall into three general categories:
- Economic damages
- Non-economic damages
- Punitive damages
Let’s take a closer look at each category and how Idaho law applies.
Economic Damages: The Financial Foundation of a Claim
Economic damages—also called special damages—are the quantifiable financial losses you incur due to an injury. These are relatively straightforward and typically include:
- Medical Expenses: This includes hospital bills, doctor visits, surgeries, prescription medications, physical therapy, assistive devices (like crutches or wheelchairs), and any anticipated future medical costs related to the injury.
- Lost Wages: If your injuries prevent you from working, either temporarily or permanently, you can recover the income you’ve lost. Idaho courts will consider both past and projected future earnings, including lost benefits or opportunities.
- Property Damage: Often relevant in car accidents, this includes the cost to repair or replace your vehicle or other personal property damaged in the incident.
- Out-of-Pocket Costs: This could include travel expenses for medical treatment, modifications to your home (like installing a wheelchair ramp), or any other injury-related expenses.
In Idaho, it’s important to maintain detailed records of these costs. Insurance companies and courts require documentation, such as bills, receipts, and employment records, to substantiate your claim.
Non-Economic Damages: Compensating for Pain and Loss
Non-economic damages—also called general damages—compensate for intangible losses. These are often harder to calculate but no less real. In Idaho, non-economic damages may include:
- Pain and Suffering: This encompasses physical pain and discomfort experienced due to the injury.
- Emotional Distress: Psychological effects such as anxiety, depression, PTSD, or the emotional toll of adjusting to a life-altering injury fall into this category.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in hobbies, activities, or everyday tasks you previously enjoyed, you may be compensated.
- Loss of Consortium: This applies to the loss of companionship or intimacy between spouses due to the injury.
Idaho’s Cap on Non-Economic Damages
Idaho places a cap on non-economic damages in most personal injury cases. As of 2024, the limit is adjusted annually for inflation and currently sits around $500,000. However, this cap does not apply in all cases. For instance, it may not be enforced if the defendant’s conduct is deemed reckless, willful, or malicious.
This cap has been upheld by Idaho courts as constitutional and reflects the state’s effort to balance victim compensation with predictability for defendants and insurers.
Punitive Damages: Reserved for Egregious Misconduct
Punitive damages are not intended to compensate the victim, but rather to punish the wrongdoer and deter similar behavior in the future. These are only awarded in Idaho under very limited circumstances, such as when the defendant acted with oppression, fraud, malice, or extreme recklessness.
Idaho law (Idaho Code § 6-1604) also caps punitive damages. Specifically, they cannot exceed the greater of:
- Three times the amount of compensatory damages, or
- $250,000
These damages are rarely awarded, and only when the plaintiff can prove the defendant’s conduct was especially outrageous. For example, a drunk driver with prior convictions who causes a serious accident may be subject to punitive damages.
The Role of Comparative Fault in Idaho
Idaho follows a modified comparative fault rule. This means your ability to recover damages depends on your share of the blame for the accident.
- If you are less than 50% at fault, you can recover damages—but your compensation will be reduced by your percentage of fault.
- If you are 50% or more at fault, you are barred from recovering any damages under Idaho law.
For example, if you are awarded $100,000 but are found 20% at fault for the accident, you would receive $80,000. This rule underscores the importance of thoroughly documenting your case and presenting clear evidence to minimize fault attributed to you.
Practical Tips for Maximizing Your Recovery
Here are some practical ways Boise injury victims can protect their right to recover damages:
- Seek immediate medical care, even if symptoms are mild. Delays can hurt your health and your claim.
- Follow all treatment plans. Gaps in care can be used against you.
- Keep records of everything—medical bills, insurance letters, lost wages, and pain journals.
- Be careful when speaking to insurance adjusters. Anything you say can be used to minimize your payout.
- Act within Idaho’s statute of limitations, which is two years for personal injury cases (Idaho Code § 5-219).
Conclusion
Understanding what damages are recoverable in a Boise personal injury case can help you make informed decisions during a difficult time. Idaho law allows for both economic and non-economic compensation, while also imposing certain limits—especially on non-economic and punitive damages. Whether your injury stems from a car crash, a fall, or another type of accident, knowing your rights and how Idaho law handles compensation can make all the difference in your recovery process. If you need help with any sort of injury claim, give us a call or schedule a free consultation online.
