Idaho State Statutes - Idaho Attorney Directory

(1) In no action seeking
damages for personal injury, including death, shall a judgment for noneconomic
damages be entered for a claimant exceeding the maximum amount of two hundred
fifty thousand dollars ($250,000); provided, however, that beginning on July
1, 2004, and each July 1 thereafter, the cap on noneconomic damages
established in this section shall increase or decrease in accordance with the
percentage amount of increase or decrease by which the Idaho industrial
commission adjusts the average annual wage as computed pursuant to section
72-409(2), Idaho Code.
(2) The limitation contained in this section applies to the sum of:
(a) noneconomic damages sustained by a claimant who incurred personal injury
or who is asserting a wrongful death; (b) noneconomic damages sustained by a
claimant, regardless of the number of persons responsible for the damages or
the number of actions filed.
(3) If a case is tried to a jury, the jury shall not be informed of the
limitation contained in subsection (1) of this section.
(4) The limitation of awards of noneconomic damages shall not apply to:
(a) Causes of action arising out of willful or reckless misconduct.
(b) Causes of action arising out of an act or acts which the trier of
fact finds beyond a reasonable doubt would constitute a felony under state
or federal law.

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