Idaho Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the nuclear facilities of Idaho Falls to the phosphate plants of Soda Springs, the Gem State's industrial development was built with deadly asbestos materials that continue claiming lives today. Our comprehensive database documents 216 asbestos exposure sites across 73 Idaho communities—from the Idaho National Engineering Laboratory and Naval Reactors Facility to Morrison Knudsen construction projects and the Union Pacific roundhouses that connected Idaho to the nation's transportation network.

Idaho provides legal avenues for mesothelioma families, though with some limitations. The state applies a strict two-year statute of limitations, has caps on noneconomic damages, and has abolished joint and several liability—meaning each defendant only pays their assigned share. Understanding Idaho's unique legal framework is crucial for protecting your family's rights.

Time is critical. Idaho's two-year filing deadline is stricter than many states and may begin earlier than diagnosis in some cases. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Idaho's nuclear and industrial history and its specific legal requirements.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Idaho Asbestos Law Summary

Legal Topic

Idaho Law

What This Means for Your Family

Deadlines and Accrual Rules

Filing Deadline – Personal Injury

2 years from injury discovery (Idaho Code § 5-219(4))

Claims must be filed within 2 years of when the illness was objectively apparent. Idaho does not broadly apply the discovery rule.

Filing Deadline – Wrongful Death

2 years from death (Idaho Code § 5-219(4))

Wrongful death claims must be filed within 2 years of the decedent’s passing. No extension for delayed asbestos recognition.

Minor Tolling

Permitted (Idaho Code § 5-230)

Statutes are tolled while the plaintiff is a minor or mentally incapacitated, but begin running once the disability ends.

Statute of Repose

10 years for products (Idaho Code § 6-1403); 6 years for construction (Idaho Code § 5-241)

Claims may be barred if products or buildings were completed over a decade ago, unless rebutted by clear and convincing evidence.

Standards of Proof and Causation

Causation Standard

“But-for” and substantial factor (Beebe, 171 Idaho 779 (2023))

You must show exposure either directly caused the disease or was a substantial factor among multiple exposures.

Expert Testimony

Traditional admissibility; not Daubert

Idaho courts do not follow Daubert. Expert testimony must be relevant and reliable but is evaluated under older common-law rules.

Punitive Damages Standard

Clear and convincing evidence; court approval required (Idaho Code § 6-1604)

Punitive damages must be approved by the judge and proven to involve fraud, malice, or outrageous conduct.

Damages and Caps

Economic Damages

No cap

You may recover full compensation for medical bills, lost earnings, and other financial harms.

Noneconomic Damages

Capped at $250,000 (Idaho Code § 6-1603)

Pain and suffering and emotional damages are capped unless the conduct involved felony-level or reckless misconduct.

Punitive Damages

Capped at greater of $250,000 or 3x compensatory (Idaho Code § 6-1604)

Caps apply unless the statute is bypassed through intentional or egregious misconduct with court approval.

Liability and Fault Rules

Comparative Fault

Modified 49% bar (Idaho Code § 6-801)

You may recover only if you are less than 50% at fault. Your award will be reduced by your fault percentage.

Joint and Several Liability

Abolished (Idaho Code § 6-803)

Each defendant is only responsible for their own share of fault, unless acting jointly or intentionally.

Other Considerations

Collateral Source Rule

Abolished (Idaho Code § 6-1606)

Your award will be reduced by insurance or government benefits unless exceptions apply. Juries are not informed of this reduction.

Wrongful Death Recovery

Available to heirs and dependents (Idaho Code § 5-311)

Family members and financial dependents may recover for emotional and economic loss, but not for the decedent’s pain and suffering.

Survival Actions

Limited – pain and suffering do not survive (Farm Bureau v. Eisenman, 153 Idaho 549)

The estate may recover for medical bills and lost income before death, but not for pre-death pain and suffering.

Idaho Asbestos Law Details

Idaho allows individuals diagnosed with mesothelioma or other asbestos-related diseases to seek compensation through a defined set of tort statutes and legal precedents. The state imposes a strict two-year filing deadline, limits noneconomic and punitive damages, and generally eliminates joint liability among defendants. Idaho does not broadly apply the discovery rule, and its collateral source statute allows defendants to reduce jury awards after trial.

Statutes of Limitations and Repose

Idaho imposes a two-year statute of limitations for both personal injury and wrongful death claims arising from asbestos exposure, under Idaho Code § 5-219(4). The clock begins when the injury is objectively ascertainable, meaning when the individual has enough symptoms or medical knowledge to suspect a link to asbestos exposure—not necessarily upon formal diagnosis.

Importantly, Idaho does not generally apply the discovery rule in tort cases unless there has been fraudulent concealment or a foreign object in the body (e.g., in malpractice claims). This makes Idaho less forgiving than many states with latent-disease-friendly discovery rules.

For product liability claims, Idaho enforces a statute of repose under the Idaho Product Liability Reform Act (Idaho Code § 6-1403). A presumption arises that a product is no longer safe after 10 years from the date of delivery. To proceed, a plaintiff must rebut this presumption with clear and convincing evidence—unless the exposure falls within certain exceptions (e.g., concealed defects, long-term exposure, or latent harm not discoverable during the repose period).

Construction-related claims must be brought within 6 years of substantial completion, per Idaho Code § 5-241.


Eligibility to Sue

Anyone diagnosed with mesothelioma or another asbestos-related disease caused by exposure in Idaho may file a personal injury claim. After death, a wrongful death claim may be brought by the decedent’s heirs or dependents, including spouses, children, parents, and others financially dependent on the deceased (Idaho Code § 5-311).

Idaho law permits wrongful death claims by heirs, which include spouses, children, parents, dependents, and putative spouses (Idaho Code § 5-311). Recovery can include general damages for loss of companionship, comfort, and emotional suffering. Claims for pain and suffering do not survive death.

In addition, the estate may bring a survival claim for medical expenses, lost wages, or other harms incurred prior to death. However, Idaho law does not allow claims for pain and suffering to survive death (Farm Bureau v. Eisenman, 153 Idaho 549 (2012)).


Workers’ Compensation Limitations

Under Idaho Code § 72-201, workers’ compensation is generally the exclusive remedy for job-related asbestos exposure. Employees cannot sue their employer directly, even for negligence, unless there is proof of intentional or knowing misconduct under Idaho Code § 72-209.

However, injured workers may sue third parties, such as asbestos manufacturers, distributors, or property owners. The employer may seek subrogation for compensation benefits paid (Idaho Code § 72-223), but this right is lost if the employer is found partially at fault.


Damages and Caps

Economic Damages are fully recoverable with no caps. This includes medical bills, lost wages, and related costs. Idaho follows standard rules for proving medical expenses and lost earning capacity.

Noneconomic Damages are capped at $250,000 for pain and suffering in most personal injury and wrongful death cases (Idaho Code § 6-1603) except where the defendant acted with willful or reckless misconduct, or committed conduct that constitutes a felony.

Punitive Damages require leave of court via motion, then proof by clear and convincing evidence of oppressive, fraudulent, malicious, or outrageous conduct (Idaho Code § 6-1604). If allowed, they are capped at the greater of $250,000 or three times compensatory damages.


Comparative Fault and Joint Liability

Idaho follows a modified comparative negligence rule under Idaho Code § 6-801: A plaintiff may recover damages only if they are less than 50% at fault. Their recovery will be reduced in proportion to their share of fault.

Idaho has also abolished joint and several liability in most cases. Per Idaho Code § 6-803, defendants are liable only for their own percentage of fault—unless they acted jointly, as agents of each other, or pursuant to a common plan involving intentional or reckless conduct.


Collateral Source Rule

Idaho has abolished the traditional collateral source rule in most cases. Under Idaho Code § 6-1606, courts must reduce a jury’s award by the amount a plaintiff receives from other sources (e.g., Medicare, private insurance), except in limited exceptions for subrogated federal programs or death benefits. Juries are not told about this post-trial reduction.


Standards of Proof and Causation

To win an asbestos lawsuit in Idaho, plaintiffs must prove proximate cause, which includes:

  • Actual cause (“but-for” causation) when only one exposure is at issue, and

  • Substantial factor causation when multiple exposures or causes are present (Beebe v. North Idaho Day Surgery, 171 Idaho 779 (2023)).

Idaho does not follow Daubert. Courts allow expert testimony under the Idaho Rules of Evidence, and causation can be inferred by the jury unless highly technical medical issues are involved.


How Idaho’s Laws Work in Practice

Meet Alan, a 74-year-old retired electrician from Boise. From the 1960s through the 1980s, he worked on commercial and school construction sites across Idaho, often cutting through pipe insulation, wall panels, and ceiling tiles that contained asbestos. In June 2024, Alan was diagnosed with mesothelioma—a rare and aggressive cancer linked to asbestos exposure.

Under Idaho’s two-year statute of limitations (Idaho Code § 5-219(4)), Alan has until June 2026 to file a personal injury lawsuit. However, because Idaho does not apply a broad discovery rule, the countdown may have started earlier—when a reasonable person would have connected their symptoms to asbestos exposure. This makes it critical that Alan files as soon as possible to avoid the risk of a dismissal.

Alan’s attorneys will also need to navigate Idaho’s product liability statute of repose (Idaho Code § 6-1403), which presumes that a product is safe 10 years after it’s delivered. In Alan’s case, that might apply to asbestos products installed decades ago. Fortunately, the presumption can be rebutted by clear and convincing evidence—especially for diseases like mesothelioma with long latency periods.

If Alan had passed away before filing, his heirs could have brought a wrongful death claim under Idaho Code § 5-311. But Idaho does not allow pain and suffering damages to survive death, so his estate could only recover for medical bills and lost income—not for what he personally endured prior to passing.

Because Alan’s exposure occurred on jobsites managed by various contractors and product manufacturers, he can sue third parties even if his employer is immune under workers’ comp (Idaho Code § 72-201). If he received any workers’ compensation benefits, the employer could seek reimbursement—unless it is found partially at fault (Idaho Code § 72-223).

To prove causation, Alan’s legal team must show that asbestos exposure was either the “but for” cause of his illness or, in the case of multiple exposures, a substantial factor (Beebe v. North Idaho Day Surgery, 171 Idaho 779 (2023)). Idaho courts don’t use Daubert but still require expert testimony to be relevant and reliable under traditional rules.

Alan can recover full economic damages, but noneconomic damages like pain and suffering are capped at $250,000 (Idaho Code § 6-1603). If the companies involved acted with malice or reckless disregard, he may also seek punitive damages, but they require court approval and are capped at the greater of $250,000 or three times compensatory damages (Idaho Code § 6-1604).

Finally, even if Alan’s health insurance or Medicare covered some expenses, Idaho law allows defendants to deduct those payments from the jury’s award after trial (Idaho Code § 6-1606). The jury won’t be told this, but it will reduce his recovery.

This is a hypothetical example based on real Idaho laws. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Idaho law may affect your rights.

Why Choose Our Firm to Handle Your Family's Idaho Mesothelioma Case?

Our proprietary database contains detailed records of 216 asbestos exposure sites across 73 Idaho communities—from Idaho Falls' 24 documented sites including nuclear facilities and research laboratories to Arco's nuclear test reactor stations. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Idaho family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Idaho Database Highlights:

Major Idaho Exposure Sites

Trust Claims Available

Court Precedents

Idaho Falls (24 documented sites)

10+ major trusts

Nuclear facility exposure precedents

Arco (5 sites)

Nuclear/construction trusts

Test reactor facility victories

Soda Springs (4 sites)

Chemical plant trusts

Monsanto facility liability wins

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Idaho family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Idaho database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the Idaho National Engineering Laboratory to Monsanto's phosphate processing facilities.

For example, if you worked at Idaho National Engineering Laboratory, the Naval Reactors Facility, or any of Idaho's nuclear and power generation facilities, our database shows that Babcock & Wilcox supplied nuclear reactor components and power generation equipment to these specific Idaho sites. Because we know exactly where their products were used, we can file your Babcock & Wilcox Asbestos Trust claim immediately, potentially recovering $90,000 to $400,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Idaho's court system. Our database strengthens your case with documented evidence and court precedents from Idaho worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like the Idaho National Engineering Laboratory and Morrison Knudsen construction projects.

Our database contains detailed records from Idaho's unique nuclear and industrial sites, including testimony about which defendants' products were used in high-radiation environments. This gives us crucial evidence about product failures and safety violations specific to Idaho's specialized nuclear industry.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized records help with complex nuclear facility exposure cases. Idaho's unique nuclear industry presence means many residents have strong documentation for disability claims through their employment at well-documented federal facilities.

Our nuclear facility records are especially valuable for workers exposed at Idaho's specialized nuclear installations, helping prove the extent and duration of exposure that gets disability claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Idaho Mesothelioma Case?

Whether you were exposed to asbestos at Idaho National Engineering Laboratory, Monsanto's facilities, or any of Idaho's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Idaho:

  • Strict two-year filing deadline that may begin before diagnosis

  • 10-year product repose statute can bar some older exposure claims

  • Multiple trust claims may be available beyond your lawsuit

  • Noneconomic damages capped at $250,000 in Idaho

  • Evidence preservation becomes more difficult as time passes, especially for older nuclear facility records

What We'll Do for Your Idaho Family:

  • Free case evaluation to determine all available compensation sources

  • Immediate trust claim filings using our proprietary database of Idaho exposure sites

  • Aggressive lawsuit preparation against manufacturers and premises owners

  • Strategic case development to maximize recovery within Idaho's damage caps and liability rules

Get started today. Our Idaho mesothelioma team understands the unique challenges of proving exposure in nuclear facility and specialized industrial environments and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS