Yes, you can. Idaho law allows DUI crash victims to pursue compensation for pain and suffering in addition to medical bills and lost income. These damages cover what the injury feels like in your body and in your daily life, including stress, anxiety, chronic pain, and the way the crash interrupts normal routines.
A DUI accident can leave you hurting in ways that are hard to explain. Maybe simple tasks take longer now. Maybe sleep is difficult. Maybe you feel on edge every time you get in a car. Pain and suffering damages exist because healing is not only physical. You deserve recognition for the emotional weight you carry and the way the crash changed your life.
In this post, our Boise car accident attorneys explain how pain and suffering damages work in Idaho DUI cases and what you need to know if you’re considering legal action.
Can You Sue for Pain and Suffering in Idaho?
Yes, Idaho law allows personal injury victims to seek compensation for both economic and non-economic damages. Pain and suffering fall under non-economic damages and are meant to address the real, but less tangible, effects of an injury.
These may include:
- Physical pain and discomfort
- Emotional distress, such as anxiety, PTSD, or depression
- Loss of enjoyment of life
- Mental anguish
- Diminished quality of life
- Impairments and disfigurement
In DUI crash cases, courts often view the impaired driver’s conduct as especially reckless or egregious. This can strengthen your claim and may influence how damages are calculated or awarded. Under Idaho Code § 6-1603, non-economic damages are generally capped, but DUI cases involving felony charges may qualify for exceptions to these limits. That means victims in DUI crashes may be eligible for higher compensation than in other types of personal injury cases.
How Pain and Suffering Are Calculated in DUI Crash Cases
There is no fixed formula for calculating pain and suffering in Idaho. Instead, insurance adjusters, judges, or juries evaluate several factors to determine a fair amount.
Key considerations include:
- The severity and duration of your injuries
- How the injuries affect your daily life and mental health
- The credibility and detail of your medical and psychological documentation
Two common methods are used to estimate pain and suffering:
- Multiplier method: Your economic damages (like medical bills and lost wages) are multiplied by a factor, usually between 1.5 and 5, depending on the seriousness of your injuries.
- Per diem method: A daily rate is assigned to your pain and suffering, then multiplied by the number of days you are affected.
When a DUI is involved, the multiplier may be higher due to the reckless nature of the at-fault driver’s behavior. This can lead to a larger pain and suffering award.
To support your claim, it’s important to gather strong documentation, such as:
- Medical records and treatment notes
- Mental health evaluations or therapy notes
- Personal journals describing your pain and emotional state
- Statements from family, friends, or coworkers about changes in your behavior or quality of life
Pain and suffering are subjective. Therefore, providing the above evidence helps establish the extent of your suffering.
Idaho’s Comparative Negligence Rule and Its Impact
Idaho follows a modified comparative negligence rule, outlined in Idaho Code § 6-801. This rule affects how much compensation you can receive if you are partially at fault for the crash.
Here’s how it works:
- If you are found to be 50% or more at fault, you cannot recover any damages.
- If you are less than 50% at fault, your compensation is reduced by your percentage of fault.
In DUI crash cases, the impaired driver is often clearly at fault. However, insurance companies may still try to argue that your actions contributed to the accident. An experienced attorney can help protect your rights and push back against unfair blame.
Are There Limits on Pain and Suffering Damages in Idaho?
Idaho generally caps non-economic damages, including pain and suffering. The amount is adjusted annually. As of July 1, 2025, the cap for pain and suffering damages is $509,013.28. However, there is a key exception that often applies in DUI cases.
If the at-fault driver committed a felony, the cap does not apply. That means you may be eligible to recover the full value of your pain and suffering without any statutory limit.
In some extreme cases, punitive damages may also be awarded. These are separate from pain and suffering and are intended to punish the wrongdoer for especially harmful conduct. While not common, they may be considered in DUI cases involving severe negligence or repeat offenses.
What to Do After a DUI Crash in Idaho
Taking the right steps after a DUI crash can make a big difference in your ability to recover compensation.
- Seek immediate medical attention and follow all treatment recommendations
- Report the crash to law enforcement and obtain a copy of the police report
- Keep detailed records of your injuries, symptoms, and emotional distress
- Save receipts, medical bills, and documentation of lost income
- Contact a qualified Idaho personal injury attorney to evaluate your case
The sooner you act, the better your chances of building a strong claim.
How an Idaho Personal Injury Lawyer Can Help You Recover Pain and Suffering Damages
If you’ve been injured in a DUI crash in Idaho, you don’t have to navigate the legal system alone. At Johnson & Lundgreen, we help victims pursue full compensation, including pain and suffering, for the harm they’ve endured. Contact us today for a free consultation and let us help you hold the impaired driver accountable.