> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Wrongful Death Statute Of Limitations in Idaho

Idaho Code § 5-219 governs the statute of limitations for wrongful death claims in Idaho. Under this statute, a claimant generally has two years from the date of death to file a lawsuit. The two-year period is a strict deadline; the code sets out specific circumstances that may affect when the clock starts or pauses. The worked example below illustrates how this timeframe applies in a typical scenario. Because each case involves unique facts, the official source provides the exact statutory language and any exceptions. To estimate how this rule applies to a particular situation, users should consult the DocketMath calculator for a personalized calculation.

## Governing authority

In Idaho, the statute of limitations rule is set by **Idaho Code § 5-219**. The verified packet cites Idaho Code § 5-219 (https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/).

## Deadline example

For a Idaho wrongful death limitations check, use the verified limitations period from the current rule packet: **2 years**. The authority packet cites Idaho Code § 5-219 (https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/).

Example inputs:
- Accrual date: 2024-04-25
- Filing date checked: 2026-04-25

Calculation:
- Start with the accrual date.
- Add 2 years.
- The example deadline is **2026-04-25**.

This example is generated from the verified facts packet rather than freeform prose. Confirm tolling, discovery rules, and claim-specific exceptions before relying on the date.

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the wrongful death statute of limitations calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Idaho Code § 5-219 governs the statute of limitations for wrongful death claims in Idaho. Under this statute, a claimant generally has two years from the date

Wrongful Death Statute Of Limitations in Idaho

All sections verified live against legislature.idaho.gov on 2026-04-24 and re-verified 2026-04-29 (ANO-831 deepen sweep). § 5-219 last amended 1971 ch. 180; § 5-218 last amended 1974 ch. 41; § 5-230 last amended 1993 ch. 120. Most-recent material amendment among core SOL sections: 1993 (§ 5-230 tolling cap).

19-401. No statute of limitations for certain felonies. Notwithstanding any other provision of law, there is no limitation of time within which a prosecution for the following crimes must be commenced: (1) Murder; (2) Voluntary manslaughter; (3) Rape pursuant to section 18-6101 (3) through (10), Idaho Code; (4) Sexual abuse of a child, lewd conduct with a child, or aggravated lewd conduct with a child as set forth in sections 18-1506 , 18-1508 , 18-1508B , and 18-1508C , Idaho Code; (5) Producing or making sexually exploitative material as set forth in section 18-1507 (2)(b), Idaho Code; or (6) An act of terrorism as set forth in sections 18-8102 , 18-8103 , 18-3322 , 18-3323 and 18-3324 , Idaho Code.

Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. 2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation. 3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the state. 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another

5-217. Action on oral contract. Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.

(1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows: (a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and (b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement. (2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.

5-224. Actions for other relief. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued.

5-216. Action on written contract. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing. The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to any action in the name or for the benefit of the state although such limitations may have become fully operative as a defense prior to the adoption of this amendment.

Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. 2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation. 3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the state. 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant

4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of; but in all other actions, whether arising from professional malpractice or otherwise, the cause of action shall be deemed to have accrued as of the time of the occurrence, act or omission complained of.

Within two (2) years: ... 5. An action for libel, slander, assault, battery, false imprisonment or seduction.

4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of.

Within two (2) years: 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of.

4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of

Within three (3) years: ... 3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.

Within three (3) years:
1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability.
2. An action for trespass upon real property.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of.

but in all other actions, whether arising from professional malpractice or otherwise, the cause of action shall be deemed to have accrued as of the time of the occurrence, act or omission complained of, and the limitation period shall not be extended by reason of any continuing consequences or damages resulting therefrom or any continuing professional or commercial relationship between the injured party and the alleged wrongdoer

Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. 2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation. 3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the state. 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another.

Under Idaho Code § 5-219(4), an action to recover damages for professional malpractice, injury to the person, or death caused by another's wrongful act or neglect (including breach of implied warranty/covenant) must be commenced within two years. Controls general PI, negligence, premises liability, product liability, slip-and-fall, dog bite, and wrongful death in Idaho.

Five-year SOL for actions upon a contract, obligation, or liability founded upon an instrument in writing.

Under Idaho Code § 19-401, prosecution for 'Rape pursuant to section 18-6101(3) through (10), Idaho Code' may be commenced at any time, with no time limit. Under Idaho Code § 19-402, prosecution for any felony other than those specified in § 19-401 must be commenced by filing of complaint or finding of an indictment within five (5) years after its commission. The statutory text of §§ 19-401 and 19-402 itself does not draw an adult-victim versus minor-victim distinction for rape; the no-time-limi

An Idaho legal malpractice action is subject to the two-year statute of limitations at Idaho Code § 5-219(4). The period runs from the time of the occurrence, act, or omission complained of, subject to the 'objective proof of some damage' accrual rule: the clock does not begin until there is objective proof supporting the existence of some actual damage. The limitation period is not extended by continuing consequences, continuing damages, or any continuing professional relationship. The statute'

Statute of limitations for breach oral contract in US-ID is 4 years under Idaho Code § 5-217.

Statute of limitations for ucc sale of goods in US-ID is 4 years under Idaho Code § 28-2-725.

Statute of limitations for personal injury in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for wrongful death in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for medical malpractice in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for legal malpractice in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for product liability in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for premises liability in US-ID is 2 years under Idaho Code § 5-219(4).

Statute of limitations for breach written contract in US-ID is 5 years under Idaho Code § 5-216.

Statute of limitations for fraud in US-ID is 3 years under Idaho Code § 5-218(4).

Statute of limitations for construction defects in US-ID is 6 years under Idaho Code § 5-241.

Statute of limitations for property damage in US-ID is 3 years under Idaho Code § 5-218(3).

Statute of limitations for trespass in US-ID is 3 years under Idaho Code § 5-218(2).

Statute of limitations for libel in US-ID is 2 years under Idaho Code § 5-219(5).

Statute of limitations for slander in US-ID is 2 years under Idaho Code § 5-219(5).

Idaho Code § 5-218 provides a 3-year SOL for trespass upon real property actions.

Idaho libel/written defamation claims must be brought within 2 years of accrual under Idaho Code § 5-219(5), which lists libel and slander among the two-year actions.

An action for assault and battery (an injury to the person) in Idaho must be commenced within two years under Idaho Code § 5-219(4).

5-218. Statutory liabilities, trespass, trover, replevin, and fraud. Within three (3) years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability. 2. An action for trespass upon real property. 3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

28-2-725. Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six (6) months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this act becomes effective.

5-241. Accrual of actions arising out of the design or construction of improvement to real property. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows: (a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and (b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement. (2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action. (3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. (4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.

5-243. Limitation of action for ionizing radiation injuries. No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than thirty (30) years from the date of the last occurrence to which the injury is attributed.

5-229. Absence of defendant from state. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.

when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of

5-230. Persons under disabilities — Other than for real property. If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either: 1. Under the age of majority; or 2. Insane. The time of such disability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant's absence from the jurisdiction, any legal disability or for other cause or reason except as specifically provided in section 5-213, Idaho Code.

Wrongful Death Statute Of Limitations in Idaho

Current verified answer

Authority and key facts

Wrongful Death Statute Of Limitations in Idaho

Governing authority

Deadline example