Idaho Suing an Abuser for Money

You may have the right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for ”damages.” This means money for things like:

• medical bills;
• lost wages or employment; 
• physical and emotional pain and suffering; and,
• in some cases, to punish the abuser.

Each state has laws on civil lawsuits, but they are mostly similar when it comes to injuries from abuse.

One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.“ You may want to ask an Idaho lawyer about your state’s statutes of limitations.  

To file a civil lawsuit against an abuser, you will most likely need the help of a lawyer. Some lawyers take cases like this for a “contingent fee.” This means the lawyer doesn’t get paid unless you win in court. Then s/he takes some percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the abuser (defendant) to pay for your attorney’s fees.

However, if your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people can go to small claims court without a lawyer.

In Idaho small claims court, you can file a claim for an amount of $5,000 or less. If you want to sue for more, you will have to file in regular district court, and then you may need the help of a lawyer. Also, in small claims court, you cannot get damages for pain or suffering or to punish the abuser (“punitive damages”).¹

Visit the State of Idaho Judicial Branch website for links to the small claims court forms and information on: 

• how to sue someone in small claims court; 
• how to defend against a small claims court case; and 
• how to collect a money judgment if you win your case.

You may also ask the court clerk for help filing a small claims case.

If you need help finding a lawyer who can take your case for a contingent fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers. (WomensLaw.org is unrelated to this organization.)

¹ I.C. § 1-2301