Idaho Code § 12-120(4): Attorney Fees in Injury Cases

Idaho Code § 12-120(4) may allow a personal-injury claimant to recover reasonable, court-awarded attorney fees when the claim for damages does not exceed $35,000 and strict pre-suit requirements are met. A signed, itemized statement of claim and supporting records must be served at least 60 days before the lawsuit. The rule is not a damages cap or an insurer response deadline, and a qualifying pre-suit tender can prevent a fee award.

What Idaho Code § 12-120(4) does

Idaho Code § 12-120(4) is an attorney-fee provision for a defined group of personal-injury actions. It applies when the amount of the plaintiff’s claim for damages does not exceed $35,000. If the claimant satisfies the statute and no statutory disqualifier applies, the claimant is entitled to a reasonable attorney fee fixed by the court and taxed as costs.

The $35,000 figure is not a general cap on Idaho personal-injury damages. It is an eligibility limit within this particular fee statute. The section also does not promise reimbursement of everything a client agreed to pay a lawyer. The court determines a reasonable award.

Requirements a claimant must satisfy before filing suit

At least 60 days before beginning the action, the claimant must serve both a written demand for payment and a written statement of claim on the defendant’s known insurer. If the insurer is unknown, the documents must be served on the defendant.

The statement of claim must be signed by the claimant or the claimant’s attorney and must:

• itemize every claimed element of damage;
• identify general damages, current and future medical expenses, current and future wage loss, and any unpaid property damage;
• include legible copies of all pertinent records, bills, and other supporting documents; and
• describe the injuries and damages completely enough to avoid the statutory waiver discussed below.

This preparation requires more than naming a total. Medical bills, wage documentation, property-loss records, and other proof should be checked against the itemized statement. Our guide to evidence in an Idaho injury case explains the underlying records in more detail.

The 60-day period is not an insurer response deadline

The statute requires the claimant to serve the demand and statement at least 60 days before filing the action. It does not say the insurer must answer within 60 days or freeze an insurer’s offer. A claimant should therefore calendar the lawsuit deadline separately; the demand process does not replace the filing analysis described in our Idaho personal-injury deadline guide.

How the 90% pre-suit tender comparison works

A claimant cannot recover fees under subsection (4) if, before the action was filed, the defendant tendered an amount at least equal to 90% of the amount awarded.

A statute-only example

Suppose the amount awarded is $30,000. Ninety percent is $27,000. A qualifying pre-suit tender of $27,000 or more would trigger this statutory bar. A tender below $27,000 would not trigger that particular bar, but the claimant would still need to satisfy every other requirement.

The statute uses the phrase “amount awarded” without supplying a separate calculation label. How the comparison applies when a judgment includes offsets, multiple claims, multiple parties, or other adjustments may require case-specific legal analysis. A simplified example should not be used to predict the result in an actual case.

Later allegations or evidence can waive fee eligibility

The statute makes completeness important. If the complaint alleges a different injury, or if the claimant offers trial evidence of a different injury or a significant new item of damage that was not included in the statement of claim, the claimant waives the right to fees under subsection (4). That is one reason to investigate the claimed losses before serving the statement instead of treating the demand as a form letter.

A claim can also change as facts develop. Counsel should decide whether this provision remains available rather than omitting new, truthful information to preserve a fee request. The ordinary personal-injury lawsuit process still requires accurate pleadings and evidence.

The court decides the reasonable fee

Idaho Rule of Civil Procedure 54(e) governs fee requests unless another statute or contract provides otherwise. The court considers factors such as time and labor, difficulty, counsel’s experience, prevailing charges, whether the fee was fixed or contingent, the amount involved, and the result obtained. Fees allowed by statute are processed as costs. The court’s award does not set the fee owed between lawyer and client.

For that separate relationship, see our explanation of personal-injury contingency fees.

Questions to resolve before relying on the statute

• Is the action one for personal injury within subsection (4)?
• Does the amount of the plaintiff’s claim stay within the statutory limit?
• Were the correct recipient and service date documented?
• Does the signed statement itemize every claimed category and attach the pertinent records?
• Was there a pre-suit tender, and how should the statutory comparison be applied?
• Did the injuries or significant damage items change after the statement was served?

If § 12-120(4) may affect a current claim, an Idaho attorney can review the demand, supporting file, tender history, and filing calendar before suit. Contact Attorneys of Idaho to request a case-specific review.

Sources and legal references

• Idaho Code § 12-120, especially subsections (4) and (5) (Idaho Legislature).
• Idaho Rule of Civil Procedure 54(e), attorney fees and reasonableness factors (Idaho Courts).

This article provides general information about Idaho law as reviewed on September 2, 2026. It is not legal advice, and the statute’s application depends on the pleadings, service record, tender, award, and other facts of a particular case.