Idaho Code
Idaho Code § 6-1603 (2026)
Limitation on noneconomic damages.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 37
cases (4 in the last 5 years), 1980–2024 · leading case: Kirkland v. Blaine Cnty. Med. Ctr., 4 P.3d 1115 (Idaho 2000).
Kirkland v. Blaine Cnty. Med. Ctr., 4 P.3d 1115 (Idaho 2000). “Article I, § 7 of the Idaho Constitution provides: The right of trial by jury shall remain inviolate; but in civil actions, three-fourths of the jury may render a verdict, and the legislature may provide that in all cases of misdemeanors five-sixths of the jury may render a…”
Aguilar v. Coonrod, 262 P.3d 671 (Idaho 2011). “We therefore find that the district court did not abuse its discretion in barring Dr. Coonrod from questioning Dr. Blaylock on cross-examination regarding his opinion as to the negligence of Dr.”
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “§ 6-1012, Idaho Code section 6-1603 provides that the cap on awards of non-economic damages shall not apply to causes of action arising out of reckless misconduct, but is silent on the method of proof required to show recklessness.”
Carrillo v. Boise Tire Co., Inc., 274 P.3d 1256 (Idaho 2012). “Idaho Code § 6-1603 (1) caps the amount of noneconomic damages that a claimant may receive for actions in negligence.”
Ackerschott v. Mtn View Hosp.; Redicare, 457 P.3d 875 (Idaho 2020). “The Ackerschotts cross-appealed, arguing the cap on noneconomic damages imposed by Idaho Code section 6-1603 is unconstitutional. We affirm as to Redicare’s direct appeal.”
Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “the following: (1) in calculating the judgment, the district judge incorrectly applied the statutory cap on noneconomic damages set forth in Idaho Code § 6-1603 ; (2) Sani-Top is entitled to a credit against the judgment for the proceeds of the settlement with Home Depot and for…”
Randy Hoffer v. Scott A. Shappard, D.O., 380 P.3d 681 (Idaho 2016). “The parties’ dispute centers on Idaho Code section 6-1603. The statute imposes an inflation-adjusted4 cap on noneconomic damages in personal injury cases.”
Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015). “At trial, the Hennefers proceeded under a theory that Meeham’s conduct in causing the accident was “reckless,” which would allow them to exceed the cap on non-economic damages in Idaho Code section 6-1603. The jury returned a special verdict, finding Mecham 100% responsible for…”
Phillips v. Erhart, 254 P.3d 1 (Idaho 2011). “Erhart which were a proximate cause of Mr. Phillips’s injuries were willful or reckless.”
Moon v. North Idaho Farmers Ass'n, 96 P.3d 637 (Idaho 2004). “§ 6-1603 placing a cap on personal injury damages in personal injury cases does not violate the right to jury trial as guaranteed by Article I, § 7 of the Idaho Constitution, does not constitute special legislation in violation of Article III, § 19 of the Idaho Constitution, and…”
State Dep't of Health & Welfare v. Hudelson, 196 P.3d 905 (Idaho 2008). “At the time of Jonathon’s accident in 2000, I.C. § 6-1603 provided: 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 four hundred thousand dollars ($400,-000);…”
George W. Watkins Fam. v. Messenger, 797 P.2d 1385 (Idaho 1990). “Provided further, that Section 6-1603, Idaho Code as enacted herein, is hereby repealed and does sunset for causes of action which accrue after June 30, 1992.”
— Idaho Code § 6-1603(1) — 2 cases
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “§ 6-1012, Idaho Code section 6-1603 provides that the cap on awards of non-economic damages shall not apply to causes of action arising out of reckless misconduct, but is silent on the method of proof required to show recklessness.”
Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015). “At trial, the Hennefers proceeded under a theory that Meeham’s conduct in causing the accident was “reckless,” which would allow them to exceed the cap on non-economic damages in Idaho Code section 6-1603. The jury returned a special verdict, finding Mecham 100% responsible for…”
— Idaho Code § 6-1603(2) — 1 case
Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “the following: (1) in calculating the judgment, the district judge incorrectly applied the statutory cap on noneconomic damages set forth in Idaho Code § 6-1603 ; (2) Sani-Top is entitled to a credit against the judgment for the proceeds of the settlement with Home Depot and for…”
— Idaho Code § 6-1603(4) — 4 cases
Carrillo v. Boise Tire Co., Inc., 274 P.3d 1256 (Idaho 2012). “Idaho Code § 6-1603 (1) caps the amount of noneconomic damages that a claimant may receive for actions in negligence.”
State Dep't of Health & Welfare v. Hudelson, 196 P.3d 905 (Idaho 2008). “At the time of Jonathon’s accident in 2000, I.C. § 6-1603 provided: 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 four hundred thousand dollars ($400,-000);…”
Jose Manuel Carrillo v. Boise Tire Co., Inc. (Idaho 2012).
Jose Manuel Carrillo v. Boise Tire Co., Inc. (Idaho 2012).
— Idaho Code § 6-1603(4)(a) — 6 cases
Ballard v. Kerr, M.D, Silk Touch Laser, 378 P.3d 464 (Idaho 2016). “§ 6-1012, Idaho Code section 6-1603 provides that the cap on awards of non-economic damages shall not apply to causes of action arising out of reckless misconduct, but is silent on the method of proof required to show recklessness.”
Phillips v. Erhart, 254 P.3d 1 (Idaho 2011). “Erhart which were a proximate cause of Mr. Phillips’s injuries were willful or reckless.”
Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015). “At trial, the Hennefers proceeded under a theory that Meeham’s conduct in causing the accident was “reckless,” which would allow them to exceed the cap on non-economic damages in Idaho Code section 6-1603. The jury returned a special verdict, finding Mecham 100% responsible for…”
Gomez v. Crookham (Idaho 2020).
Gomez v. Crookham (Idaho 2019).
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