Do you have questions about wrongful death claims in Idaho and have questions? Read this article, then contact our Boise attorneys today.
When a person is killed because of another person’s neglect or a company’s recklessness, Idaho law allows a lawsuit to be brought for wrongful 
death. Until Idaho Code section 5-311 was passed, a negligent person had no responsibility if they caused an injury so severe it led to a death. The law now allows a person’s spouse, children, stepchildren, and parents to assert a claim for their losses when negligence or other wrongful act causes a death. In addition, any blood relatives or adoptive brothers and sisters who are “partly or wholly dependent” on the decedent for support or services may also recover compensation.
Idaho Wrongful Death Claims
Compensation In Wrongful Death Claims
The compensation (or damages) Idaho injury law provides in a wrongful death lawsuit is not the same as the damages that can be recovered in other personal injury cases. The loss being evaluated and for which compensation is provided in a wrongful death case is the loss of the relationship and the financial support experienced by the survivors.
In a personal injury case for example, the injured person can recover for “pain and suffering.” Those damages experienced by the person killed are not part of the wrongful death claim. And the grief or sorrow endured by family members caused by the death is not a part of the damage claim in an Idaho wrongful death case.
Economic Losses Recoverable in an Idaho Wrongful Death Claim
Medical expenses incurred prior to death:
- Funeral expenses;
- Loss of future income expected from the decedent that would have supported he claimant;
- Loss value of the household services (lawn mowing, cleaning, car repair etc. ) provided by the decedent.
Non-Economic Damages Recoverable in an Idaho Wrongful Death Claim
- Loss of the care, training, comfort and society of the deceased family member;
- For a spouse, the lost conjugal relationship.
All economic damage incurred can be recovered no matter the amount. The Idaho legislature, however, has limited non-economic damages. The law provides a limit of $250,000 per family member for a death claim. Each year that amount adjusts upwards slightly based on certain economic data.
Wrongful Death Statute of Limitations In Idaho
Idaho, like every other state has a legal time limit on when you are allowed to bring a wrongful death claim. Although there are exceptions, the basic Idaho statute of limitations in wrongful death cases is two years. This means that a lawsuit must be filed within two years of the date of the injured person’s passing. In the vast majority of cases, a lawsuit filed after two years will be thrown out of court.
However, there are some circumstances and factors that can change or delay the running of the two-year time period. And, if a governmental entity or a drinking establishment is involved you might be required to file a notice within 6 months.
Who Can File a Wrongful Death Claim?
Idaho law specifies who can file a wrongful death claim on behalf of the deceased. Generally, the personal representative of the deceased’s estate initiates the claim. However, the damages recovered through the claim are ultimately intended to compensate specific surviving family members who have suffered losses due to the death.
The Emotional Toll of Wrongful Death
Beyond the legal and financial aspects, the emotional toll of losing a loved one in a wrongful death is profound. Grieving family members often experience a range of emotions, including shock, anger, guilt, and profound sadness. The sudden and preventable nature of the death can make the grieving process even more challenging. It is essential for family members to seek support from friends, family, and mental health professionals during this difficult time.
Potential Damages in a Wrongful Death Claim
The damages that can be awarded in a wrongful death claim vary depending on the circumstances of the case. Typically, damages may include medical expenses related to the deceased’s final injury or illness, funeral and burial expenses, lost wages and benefits that the deceased would have earned, and compensation for the pain and suffering endured by the deceased before death. Additionally, surviving family members may be entitled to compensation for their own losses, such as loss of companionship, guidance, and support.
Settling a Wrongful Death Claim
In many cases, wrongful death claims are resolved through a settlement rather than going to trial. Settlements can offer a quicker resolution and allow families to avoid the emotional toll of a court case. However, it’s crucial to ensure that any settlement offer adequately compensates you for your losses. An experienced attorney can help negotiate a fair settlement on your behalf and advise you on whether to accept or pursue litigation.
The Role of Expert Witnesses
In wrongful death claims, expert witnesses often play a crucial role in establishing liability and damages. These specialists, such as accident reconstruction specialists, medical professionals, and economists, provide testimony based on their knowledge and experience. Their testimony can help clarify complex issues for the court and strengthen your case.
Wrongful Death vs. Criminal Charges
It’s important to note that a wrongful death claim is a civil matter, separate from any criminal charges that may be filed against the responsible party. Criminal charges, such as manslaughter or vehicular homicide, are brought by the state to punish the wrongdoer, whereas a wrongful death claim is brought by the family of the deceased to seek compensation for their losses.
The Importance of Seeking Legal Advice
Navigating a wrongful death claim can be overwhelming, especially when dealing with the complexities of Idaho’s legal system while grieving the loss of a loved one. Seeking the guidance of an experienced wrongful death attorney can provide you with the support and advocacy you need during this challenging time. An attorney can help you understand your rights, gather evidence to support your claim, and navigate the legal process on your behalf.
The Burden of Proof in Wrongful Death Claims
In wrongful death claims, the burden of proof rests on the plaintiff — the party bringing the claim — to demonstrate that the defendant’s actions directly led to the death of their loved one. This burden can be significant, requiring extensive evidence and testimony to establish liability and quantify damages. Working with an attorney can alleviate some of this burden by allowing you to focus on grieving and healing while they handle the legal complexities of your case.
The Healing Process After Loss
While pursuing a wrongful death claim can provide a sense of justice and closure, it’s essential to recognize that healing from the loss of a loved one is a gradual process that takes time. Grieving is a deeply personal journey, and there is no right or wrong way to mourn. Family members may find comfort in honoring their loved one’s memory, seeking support from others who have experienced similar losses, and finding healthy ways to cope with their grief.
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Establishing Negligence:
To prove negligence in an Idaho wrongful death case, the following elements generally need to be demonstrated:
Duty of Care:
The first step is to establish that the defendant owed a duty of care to the deceased person. Duty of care refers to the legal obligation to act reasonably and prudently in order to avoid causing harm to others. For instance, in a car accident case, all drivers have a duty to operate their vehicles with reasonable care.
Breach of Duty:
Once the duty of care is established, the plaintiff must demonstrate that the defendant breached that duty. This means showing that the defendant failed to act as a reasonable person would have under similar circumstances. It could be through actions they took or failed to take that led to the death.
Causation:
The plaintiff needs to establish a causal link between the defendant’s breach of duty and the death of the individual. This requires demonstrating that the defendant’s actions or negligence directly caused or substantially contributed to the fatal incident.
Gathering Evidence:
- To build a strong case for negligence, it is crucial to collect and preserve evidence supporting your claim. This may include:
- Police report or accident reconstruction reports
- Eyewitness testimonies
- Expert opinions from relevant professionals
- Medical records and autopsy reports
- Employment and financial records to establish the financial impact of the loss
Verdicts & Settlements
The Lawyers of Holzer Hepworth Can Help
The lawyers of Hepworth Holzer, LLP have handled dozens of wrongful death claims and lawsuits during their many years of practice.
If you are facing the tragedy of the loss of a loved one through the negligence of a person, because of a dangerous product, a trucking accident or other collision, call us to discuss your situation. We understand how devastating an unexpected death can be emotionally and financially. Our goal to be the best injury lawyers in Idaho includes our commitment to compassionate and caring representation as your family deals with the heartbreak of losing a loved one.
We encourage you to call right away because there are important time limitations on Idaho wrongful death claims. John Janis or any one of the attorneys at the firm strand ready to review and evaluate your case.
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