Statute of Limitations for Dog Injury Claims
After sustaining injuries from a canine wound, you have two years from the date of the incident to file a claim for damages in accordance with Idaho Code § 5-219(4). Time-sensitive evidence and insurance company considerations warrant swift action on your part. You should consult with legal counsel after your injury to prevent your claim from being dismissed or denied on a technicality.
Understanding Comparative Fault and Damages
Recovering a settlement after a dog-related injury is not as simple as compiling all your medical bills. The state follows a modified comparative negligence model under Idaho Code § 6-801 for purposes of pursuing financial compensation. Under this model, if you are found to be 50 percent or more at fault for the dog bite incident, you may not be able to recover damages.
In dog bite litigation, courts consider your specific actions when determining your amount of fault in accordance with Idaho Code § 6-802. For example, they may review whether you provoked the dog in any way, trespassed onto private property, or ignored a warning or sign about the dog.
As long as you are not more than 49 percent responsible, you may recover both economic and non-economic damages for the dog bite injury. Economic damages compensate for the financial harm you suffered, such as your medical bills and lost wages. Non-economic damages compensate you for the emotional harm you endured, including disfigurement, scarring, and emotional distress. One of our dedicated attorneys can help you overcome the comparative fault determination and maximize your overall compensation for a dog bite injury in Idaho Falls.
