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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7348
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Is there a statue of limitations a suit against

Customer Question

is there a statue of limitations for filing a suit against a state or county for personal injury to an offender while incarcerated in Idaho? If so what is it and what does filing entail...thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
What you have is a Tort Claim and the following statutes apply. It appears that first you have six months to register a claim with the Secretary of State, and if the claim is denied you may sue. The regular PI statute of limitations is two years. TITLE 6ACTIONS IN PARTICULAR CASESCHAPTER 9TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES6-905. FILING CLAIMS AGAINST STATE OR EMPLOYEE -- TIME. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the secretary of state within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later. TITLE 6ACTIONS IN PARTICULAR CASESCHAPTER 9TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES6-910. SUIT ON DENIED CLAIMS PERMITTED. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.
Expert:  Irwin Law replied 1 year ago.
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