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Andrew Law combines expertise and dedication to offer top-notch legal representation. Their success in handling personal injury cases makes them the right choice for those seeking justice. Trust Andrew Law to fight for your rights and secure the best outcome for your case.
There is no greater pain than losing a loved one. Moving on seems impossible, and taking legal action is far from your mind. Unfortunately, if you are here, you have suffered a tragic loss and need legal advice. The Idaho wrongful death lawyer from Andrew Injury Law is here to help you during this difficult time. We have years of experience helping families get back on their feet after losing a loved one. Call us for a free case review today.
Death can occur in numerous ways, but the cause is sometimes someone else’s negligent actions. A loved one can die from a car accident, dangerous product, or unsafe premises. A wrongful death can happen to anyone, from children to seniors.
While the insurance company will treat the death like a stack of paperwork they have to deal with, we know there was a human being with the family behind them. You are suffering without them, and the person who caused their death is moving on. Our Idaho wrongful death lawyer is here to hold the parties who caused your loved one’s death accountable.
Families wonder if their loved one’s death could have been prevented and if they have any legal remedies available. Defining wrongful death is challenging for many people. In general, you can have a wrongful death claim if a person was negligent in causing an accident that killed your loved one. Some of the most common wrongful death claims stem from:
This is not a comprehensive list, as a person’s negligence can lead to death in many ways. If unsure whether you have a case, speak to our Idaho wrongful death lawyer.
One person can mean the world to many people. However, only two groups of people can file for wrongful death in Idaho. The first group is anyone who is an heir, and the second are immediate family members such as:
Other parties dependent on the deceased can also take wrongful death actions. It can be siblings who lived with the deceased. However, before filing a claim, you must assess eligibility. Sometimes you can be a party on this list but not file because someone else is already taking action. Speak to our Idaho wrongful death lawyer to assess your eligibility for a wrongful death claim.
When you file a wrongful death case, you seek financial compensation from an insurance company. The insurer represents the individual or company that caused your loved one’s death. It can be an employer, third party, hospital, or car insurance. Depending on how the death happens, you will have different options for who will pay your claim.
Essentially you must prove that an entity or person was responsible for the death. You must show they committed a wrongful action causing that death. You will also have to provide financial and work documents for the deceased when calculating damages. Your Idaho Premises Liability Lawyer can help you obtain the necessary evidence and documentation for a successful claim.
When we discuss seeking compensation with families, they often wonder what these damages are. Families can find it offensive to consider putting a price tag on a loved one’s life. This is the only remedy to hold negligent individuals responsible and prevent this from happening to someone else. Some of the damage awards you can recover include:
Many factors will determine the amount of these damages. We will need to assess their:
Wrongful death claims are some of the most challenging for families. Many rules, guidelines, and deadlines govern these claims. Not only will we assess who the deceased was, but also the dependents that are filing a claim. Suppose there are minor children; they will need financial support for longer than an adult child or parent. Let our Idaho wrongful death lawyer guide you through the process.
You will have two years from the death date to file a lawsuit. Other personal injury lawsuits are two years from the accident date. Sometimes a person does not immediately pass from the injuries in an accident. They can succumb to them later. You don’t have to wait until they die to hire a personal injury lawyer in Idaho. You can enlist our help from the start.
It is essential to have legal help from the start. Once the two-year deadline passes, your legal options go away. The state will deem your case ineligible if you file too late. Remember, there are other deadlines and processes before you can get to the litigation stage.
All personal injury lawsuits take time. Wrongful death lawsuits in Idaho take a prolonged time because of their complexities. Many cases go to a trial to determine the outcome. Sometimes this process can take one or two years. Other times it can take much longer. Many factors will extend or shorten the case. Your best chance at success is hiring an Idaho wrongful death lawyer.
The team at Andrew Injury Law understands you are grieving, and we want you to take all the time you need. We also understand how important moving quickly is after a death. Our team is here to help you with every aspect of a wrongful death claim. We will guide you on your options and how to handle the necessary paperwork. Let our team alleviate your legal burdens; contact our Idaho wrongful death lawyer today.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
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A wrongful death case occurs when someone dies due to the negligent or wrongful actions of another person or entity (Idaho Code 5-311). In other words, wrongful death is a result of someone’s legal fault or misconduct.
In Idaho, common scenarios include car accidents, medical malpractice, workplace accidents, and defective products. Essentially, if the deceased could have filed a personal injury claim had they survived, it now qualifies as a wrongful death case.
An Iadho wrongful death lawyer is very key in proving negligence, without which your case may be dismissed. To prove negligence in a wrongful death case, your lawyer will need to prove three things: first, that the defendant had a duty of care to the deceased, that the defendant failed to fulfill this responsibility, and lastly, that this failure directly led to the death
In Idaho, the wrongful death claim in Idaho can typically be filed by the deceased person’s immediate family members. These include the following:
If the deceased left behind a will, the executor or personal representative of the estate might also have the right to file the claim on behalf of the family. You need to involve a lawyer who can help determine who is eligible to file in the best interests of the surviving immediate family.
Compensation in a wrongful death lawsuit is designed to cover both economic and non-economic losses. Economic damages are those losses that are easily quantifiable in monetary terms, such as:
On the other hand, a wrongful death lawsuit can pursue damages that are not monetary in nature, yet they adversely impact the surviving family members.
These non-economic damages majorly address the emotional impact of the death of the deceased on the surviving family members. They include:
In some cases, if the court determines that the defendant’s actions were intentional or malicious, a judge might award punitive damages as a deterrent to similar actions.
Sometimes, the investigation into a wrongful death case doesn’t really start as such. It might begin as an investigation into a crime scene, homicide, product liability, or personal injury. As evidence unfolds, it may point towards wrongful death, which informs the family to pursue a wrongful death claim.
Next, you need to conduct a preliminary investigation by gathering fundamental information about the incident. This includes collecting police reports, medical records, and other relevant sources of evidence.
Then there is the discovery step, where both parties exchange evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents. The goal is to thoroughly understand the events leading to the wrongful death and gather the necessary facts for the lawsuit.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case