Compassionate Committed Idaho Lawyers Representing People In Wrongful Death Cases
Wrongful death cases are among the most emotional and difficult matters we handle. They are difficult for victim’s families and often involve serious high impact accidents. At Hepworth Holzer, LLP, in Boise, Idaho, we understand that handling these cases takes special diligence and compassion. You cannot overstate how important and serious these situations are. Our goal is to help.
Legally, these claims have many of the same components of a personal injury claim. Who is liable? How did the accident occur?
Wrongful death claims, however, also have factors unique to fatal injuries and accidents. There is a question of whose claim is it — the spouse’s, the children’s or another relative’s? And how do you value a claim in which a wage earner or young child is lost? Putting the best wrongful death attorney in Idaho in your corner can help you answer all of these questions and more. We can handle the legal issues so you can move forward with your life, your family your emotional healing.
Idaho’s Top Wrongful Death Lawyers With Decades of Experience
When a family member is lost, many factors impact the financial compensation due to his or her spouse and children or other relatives. What is the full economic value of lost income? What was the deceased’s work history? Did the claimants rely on the deceased for income? And what is the emotional and economic toll when a parent or child passes away? How do the courts and juries measure the loss of love and companionship.
Wrongful Death Claims Are Controlled by Idaho Code Section 5-311
When someone dies as a result of another’s neglect, surviving family members may have a claim for damages. An experienced wrongful death lawyer at Hepworth Holzer in Boise, ID, can help you navigate through the complex laws surrounding wrongful death claims. We will commit to working tirelessly to collect the compensation your family needs and deserves. Wrongful death lawsuits in Idaho are governed by a statute (Idaho Code Section 5-311) which specifies who qualifies as an heir for the purpose of making a claim for damages.
Idaho’s statute establishes that heirs include the decedent’s spouse, children, stepchildren, parents and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.
What Compensation Does Idaho Law Allow For Wrongful Death?
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. So the damages recoverable in a wrongful death case differ, to some extent, from the damages recoverable in other types of personal injury cases. Idaho law does not allow for the recovery of damages for pain and suffering experienced by the decedent prior to death or for grief suffered by family members as a consequence of the death. The damages that are recoverable include both economic damages and non-economic damages.
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 either
Idaho Law provides there are four parts of the recoverable damages in a wrongful death claim. The Idaho jury instruction says the jury may consider:
- The reasonable cost of the decedent’s funeral.
- The reasonable value of necessary medical care and expenses incurred prior to the decedent’s death.
- The reasonable value to the plaintiff of the loss of the decedent’s services training comfort conjugal relationship and society and the present cash value of any such loss that is reasonably certain to occur in the future, taking into consideration the life expectancy of the plaintiff, the decedent’s age and normal life expectancy, habits, disposition and any other circumstances shown by the evidence.
- The plaintiff’s loss of financial support from the decedent, and the present cash value of financial support the decedent would have provided to the plaintiff in the future, but for the decedent’s death, taking into account the plaintiff’s life expectancy, the decedent’s age and normal life expectancy, the decedent’s earning capacity, habits, disposition and any other circumstances shown by the evidence.
Making sure that proper proof of the real losses is presented to ensure that the appropriate legal compensation is made available is one of the many things Idaho wrongful death lawyers at Hepworth Holzer will accomplish for you,
Wrongful Death and Economic Damages
A summary of the economic losses that may be awarded in a wrongful death set out inb the jury instruction above includes:
- Medical expenses incurred by the decedent’s estate prior to death;
- Funeral expenses;
- Loss of financial support by family members who were financially dependent on the decedent for support;
- Loss of the reasonable value of household services provided by the decedent.
Non-Economic Damages in A Wrongful Death Case
A summary of the non- economic losses that may be awarded in a wrongful death case includes:
- Loss of the care, comfort and society of the deceased family member.
Economic damages are not limited in amount. Non-economic damages are limited by Idaho law using a complex calculation. It started at no more than $250,000 per family member for all death claims after July 1, 2003. It has adjusted upward slightly each year since.
If you have lost a loved one in an accident involving a car, truck, bicycle, motorcycle or recreational vehicle, we can provide experienced help. Contact Hepworth Holzer, LLP, at (208) 343-7510 .
Contact Our Boise Wrongful Death Lawyers For A Free Case Review and Assessment Today
The law firm you choose to handle your case makes a difference. If you have questions following a fatal accident, contact our firm. We speak Spanish, are available for evening and weekend appointments and hospital visits, and are conveniently located in Boise’s historic north end. Our 5-star rated lawyers have practiced personal injury and accident law for over a combined 100 years and have handled dozens of wrongful death cases following car accidents, truck accidents and a broad range of other accident types.
Our law firm has handled hundreds of wrongful death claims during the more than 60 years of our firm’s existence. Our experience allows us to skillfully represent your interests in wrongful death cases.
If a loved one has been killed as a result of the fault of others, consult with an attorney immediately. There are important time limitations on your claim. Contact Hepworth Holzer, LLP, at (208) 343-7510.