ACTIONS IN PARTICULAR
CASES
CHAPTER 16
PERIODIC PAYMENT OF JUDGMENTS -- LIMITATION
ON CERTAIN TORT DAMAGES AND LIABILITIES
6-1603.Limitation on noneconomic damages. (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.
Idaho Statutes