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Q
What is the statute of limitations to sue in my premises liability case?

A

Woman stressing out over a pile of billsIf you were injured in a slip and fall or other accident at a business or person’s property, you want to obtain the compensation you need to pay for your mounting medical bills and to reimburse you for the wages you lost while you were off work recovering.

One of the most important laws you need to understand is the statute of limitations in your case. This is the time period you have to sue the negligent party for the compensation you could be entitled to. Unfortunately, if you miss this important deadline, the judge will dismiss any lawsuit you file, and you would not be able to obtain any compensation.


So you do not want to make the mistake of waiting too long and missing this deadline.

What Is the Time Period to Sue in a Premises Liability Case?

A statute of limitations applies in every type of case and the time limit to sue could be different depending on the type of case you have. In premises liability cases, the following rules apply under Idaho law:

  • You must file a lawsuit within two years for injuries or wrongful death.
  • If your claim is for property damages only, you must file a lawsuit within three years.

You also need to understand when the official clock begins to run. If you or a loved one was injured in a premises liability case, the time period begins to run on the date of your injury. If someone died as a result of the business’ or person’s negligence, the statute of limitations begins to run on the date of the person’s death.

Special Rules When Children Are Injured or Killed

There is an exception to the two-year statute of limitations in premises liability cases if a minor child was involved in the accident. If the minor was injured, the two-year time period begins to run when he turns 18 years old or until six years have passed from the date of the accident, whichever is shorter.

If a parent or legal guardian must file a wrongful death action due to the minor child’s death, this exception does not apply. The wrongful death action must be filed within two years of the date of the child’s death.  

Let Morton Law Offices Help

Do not make a tragic accident more tragic by waiting to sue the party that caused your injuries. Even if you are concerned you may be too late, I urge you to contact me to be certain a different exception does not apply to your case. Call me today at 888.716.8021 to schedule a free consultation.