Key Takeaways

  • Written Contracts: 5 years (Idaho Code § 5-216).
  • Oral Contracts: 4 years (Idaho Code § 5-217).
  • Personal Injury: 2 years (Idaho Code § 5-219(4)).
  • Property Damage: 3 years (Idaho Code § 5-218).

Idaho Statute of Limitations by Claim Type

Claim Type Time Limit Statute Notes
Written Contracts 5 years Idaho Code § 5-216 Accrues on the date of breach.
Oral Contracts 4 years Idaho Code § 5-217 Accrues on the date of breach.
Personal Injury 2 years Idaho Code § 5-219(4) Accrues on the date of injury.
Property Damage 3 years Idaho Code § 5-218 Accrues when damage occurs.
Medical Malpractice 2 years Idaho Code § 5-219(4) 2 years from the act, omission, neglect, or breach of duty, with limited discovery rule application.
Debt Collection 5 years Idaho Code §§ 5-216, 5-217 Written debts: 5 years. Oral debts: 4 years.
Fraud 3 years Idaho Code § 5-218(4) 3 years from discovery of the fraud.

General Notes for Idaho

Idaho uses tiered limitation periods depending on the type of claim. The discovery rule has limited application in Idaho, primarily for fraud claims. Tolling applies for minors and persons of unsound mind.

Related Resources

Frequently Asked Questions

  • What is the statute of limitations for debt in Idaho?

    Written debts have a 5-year statute of limitations, while oral debts have a 4-year limit.

  • How long do I have to file a personal injury lawsuit in Idaho?

    You have 2 years from the date of injury to file a personal injury lawsuit in Idaho.

  • Does Idaho apply the discovery rule?

    Idaho applies the discovery rule primarily to fraud claims. For personal injury and medical malpractice, the statute generally runs from the date of the act.

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