Partial Fault Wrongful Death Claim

Answer:

What if a decedent is partially at fault for causing their own death; what happens in Idaho? The first part of that question involves the legal aspect, meaning what the law provides. In Idaho, if a decedent is determined to be 50% or more at fault for their death, then the plaintiffs, or the heirs who bring the claim, do not receive anything. If the defendant, the person who caused the death, is determined to be 51% or more at fault, then the plaintiffs will recover that portion of their damages. Let’s say a jury says your damages are worth a million dollars, and that the defendant is 51% at fault. You would recover $510,000. That’s strictly the law. This does become an issue sometimes because a decedent didn’t follow up properly with medical providers. The defense will argue that he should have followed up with his medical care, and that caused his death. If you have any questions about this, about medical deaths, and how someone can be found partially at fault for their death, please feel free to give our office a call.