Noneconomic damages for personal injury or wrongful death may not exceed $400,000. Idaho Code § 61603 (1990). The $400,000 cap has been adjusted on July 1 of each year since 1988 by the rate of increase in average wages in Idaho. Id. The limitation on noneconomic damage awards is inapplicable to causes of action arising out of willful or reckless conduct and to causes of action arising out of acts constituting a felony under state or federal law. Id. It is also inapplicable to punitive damages. Idaho Code § 61604 (1990). In addition, Idaho law gives judges more power than the law of most states to reduce damages that are “unsupported or unjustified.” Idaho Code § 6807 (Supp. 1997).
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