Wrongful Death Litigation & Lawsuits

When someone dies as a result of another’s neglect, surviving family members may have a claim for damages.

Lawsuits which involve death claims are commonly known as wrongful death lawsuits. 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 dependant on the decedent for support or services, any blood relatives and adoptive brothers and sisters.

The damages recoverable in a wrongful death case differ, to some extent, from the damages recoverable in other types of personal injury cases. The focus in wrongful death cases is on the loss of the relationship and the financial support experienced by the surviving family members; 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.

ECONOMIC

• 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

• Loss of the care, comfort and society of the deceased family member.

Economic damages are not limited in amount. Non-economic damages are limited to no more than $250,000 per family member for all death claims arising after July 1, 2003. The limitation of the non-economic damages is the result of new legislation that first went into effect on July 1, 2003.

Our law firm has handled hundreds of wrongful death claims during the 50 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.