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Our Idaho Personal Injury Lawyers
Boise Wrongful Death Attorneys
We help people who’ve lost loved ones as a result of others’ neglect throughout the state of Idaho
It’s hard to explain in words the grief you feel when you lose someone you love. It is particularly hard when that said loved one was killed in an accident or incident that could have been avoided. The Boise wrongful death attorneys at Hepworth Holzer want to fight for justice for you and your family. You deserve full and fair results and we know how to get you that. Please don’t hesitate to call us as soon as possible to set up a free initial consultation.
Hepworth Holzer also helps residents of Idaho with Personal Injury Matters in: Ada County, Caldwell, Canyon County, Eagle, Garden City, Gem County, Kuna, Meridian, Nampa and Star.
Defining a Wrongful Death Claim
You may wonder if your loved one’s death was something that would be considered wrongful in the eyes of the law. It is a complicated matter, but, generally speaking, if your loved one died in an accident caused by someone else being negligent or careless, then you and your family may be eligible to seek justice.
The ways people are lost that are considered wrongful death are frequently accidents, such as construction, slip and fall, medical malpractice, and so on.
This is certainly not a comprehensive list of every way you could lose someone that would be considered wrongful death. Perhaps the most famous case of a wrongful death claim where the plaintiffs won against the defendant was between OJ Simpson and the Goldman family. OJ was found guilty of wrongful death and ordered to cover damages for the Goldman family.
If you are not sure if your case is a wrongful death claim, please do not hesitate to reach out to us as soon as possible to get your case looked at by our Boise wrongful death attorneys. We can advise you on whether or not you should pursue legal action.
You would be seeking financial compensation from the insurance company who represents the liable party. In the case of medical malpractice, it might be the insurance company of the hospital or medical professional. If it was a construction accident, it may be the insurance company of the third party.
Who is Liable for Wrongful Death
You may have more of a chance at a successful claim if you and your Boise wrongful death attorneys are able to prove that there was a person or entity responsible for the death of your loved one. You also need to be able to prove that this liable party was directly responsible for the death of your loved one either because of their wrong actions or inactions.
This is considered negligent behavior. If you can prove that your loved one would have lived had the liable party acted differently, then you’re going to have a better chance at having a strong case.
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Get our FREE guide and find out how you can protect your rights with Hepworth Holzer, LLPWho Brings the Wrongful Death Claim
The family of the loved one is typically going to be the plaintiff in the wrongful death claim. The plaintiff is typically family, in most cases, because those are the next of kin. If you are unsure of who will be the plaintiff in your claim, please don’t hesitate to reach out to our Boise wrongful death attorneys.
Most frequently, the plaintiff in a wrongful death claim is the spouse of the deceased loved one. If they were never married, then the plaintiff may be the other family members. It might be the parents or the child of the deceased loved one.
Of course, the situation of every family is unique, so the plaintiff in your case may be totally different from someone else’s wrongful death claim.
Our Boise wrongful death attorneys understand that every case requires specialized experience. The plaintiff of your wrongful death claim may be an aunt, sibling, or cousin, if the situation is appropriate. Reach out to our attorneys as soon as possible to get the help you and your family need.
Common Wrongful Death Claim Damages
When you talk about getting a compensation award for your wrongful death case, please understand that it is extremely difficult to put a money amount to the damages that your deceased loved one suffered. You can get compensation for the follow:
- The pain and suffering your loved one went through before they succumbed to their injuries
- The cost of medical treatment that was needed in attempts to preserve your loved one’s life
- Cost of burial and funeral
- All of the wages your loved one would have provided for you and your family in their lifetime
- The inheritance that you would have been provided had your loved one lived
- Loss of a relationship
- Loss of companionship
Call Our Boise Wrongful Death Attorneys Today for a Free Consultation
When you’ve lost someone you love, having Boise wrongful death attorneys on your side can help you get the justice you and your family deserve. Reach out to us as soon as you can. We want to be there for you every step of the way. Please call us today to set up your free initial consultation.
Frequently Asked Questions About Boise Uninsured And Underinsured Motorist Lawyers
Uninsured Motorist (UM) coverage protects you if you are hit by a driver who has no car insurance at all, or by a hit-and-run driver. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages.
UM/UIM coverage is critical because Idaho has one of the highest rates of uninsured drivers in the country. Furthermore, many drivers only carry the state-minimum liability coverage, which is often insufficient to cover serious injuries. Your UM/UIM policy acts as a vital safety net to protect you and your family from financial disaster.
To make a claim, you must notify your insurance company of the accident and your intent to file a UM/UIM claim. You will need to prove that the other driver was at fault, that they were uninsured or underinsured, and the full extent of your damages. This is an adversarial process, and your insurer will act to protect its own financial interests.
Stacking allows you to combine the UM/UIM coverage limits from multiple vehicles on your policy or from multiple policies within your household to create a larger pool of available benefits. Idaho law is favorable to consumers and generally permits stacking, but insurance policies often contain complex ‘anti-stacking’ language that requires legal analysis.
No. Under Idaho law, it is illegal for an insurance company to raise your premiums or cancel your policy for making a UM/UIM claim when you were not at fault for the accident. You paid for these benefits, and you are entitled to use them without penalty.
Bad faith occurs when your own insurance company unreasonably denies, delays, or underpays your valid UM/UIM claim without a proper basis. If an insurer acts in bad faith, you may be able to sue them not only for the benefits you were owed but also for additional damages caused by their wrongful conduct.
The time limit for a UM/UIM claim is typically governed by the language in your insurance contract, not the standard two-year personal injury statute of limitations. These deadlines can be complex and vary by policy. It is crucial to have an attorney review your policy immediately to identify all critical deadlines.
Yes, absolutely. A UM/UIM claim is a legal dispute with your own insurance company, whose goal is to pay out as little as possible. The highly-credentialed attorneys at Hepworth Holzer, with top ratings like Martindale-Hubbell AV Preeminent, understand complex insurance law and know how to fight back against unfair denials and lowball offers to secure the full compensation you paid for and deserve.
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