Idaho wrongful death claims are a unique type of legal case. Special rules adopted by the legislature apply to these cases. Leading Idaho injury attorney John Janis explains Idaho wrongful death cases and the issues they present. You can click here to listen to John Janis’s podcast on wrongful death claims in Idaho.
What is wrongful death?
Wrongful death is a generic term given to the type of claim that can be brought when someone dies as a result of someone else’s wrongful conduct. The claims that can be brought are called wrongful death. And there are different ways it can arise; such as a car or airplane crash, or a medical error. It’s a generic term that applies for anytime you can make a claim for damages arising out of the death of somebody, caused by somebody else’s fault. You can also find our podcast on You Tube at Wrongful Death Claim Lawyers Idaho .
Who can assert a wrongful death claim?
That’s a good question. It’s defined by the Idaho code. It actually has legal complexities. But the easiest way to understand it is the heirs of the decedent can bring a wrongful death case in Idaho. So, spouse, children or the decedent’s parents. There are some others that are sometimes allowed, but those are the general ones. A Wrongful Death Attorney Boise Idaho can sort it out in any particular case.
What’s the difference between civil and criminal in wrongful death?
In a criminal case, when somebody kills somebody, they are charged with some form of homicide. It’s a case brought by the state that’s looking to penalize them, sanction them, put them in jail. Obviously, somebody dying is a serious crime. The civil case, brought by the heirs, seeking to recover compensatory damages is compensation for the loss of the decedent caused by somebody else’s fault.
What are they? Are they recoverable in Idaho wrongful death claims?
Punitive damages are an unusual form of damages, but yes, they are recoverable in Idaho. They’re only recoverable under certain circumstances, where the conduct of the defendant who caused the death was particularly egregious. It wasn’t just negligent, but it rose to the level of something even worse, such that they should be punished. The objective of punitive damages is not to compensate the claimant. It is to punish the defendant and it’s up to a jury to decide how much to punish the defendant if they so decide.
Can someone sue for the pain and suffering of a decedent in Idaho wrongful death claims?
The simple answer to that question is no–at least in Idaho. When someone gets injured by somebody else, they can recover against that person for their pain and suffering. But, if they eventually die from those injuries, the pain and suffering claim of the decedent dies with them.
Wrongful Death Attorney Boise Idaho, Wrongful Death Claim Lawyers Idaho