Idaho Wrongful Death Statute

Several types of accidents may lead to fatal injuries. The National Center for Biotechnology Information (NCBI) bookshelf reports that annually, over 140,000 Americans succumb to injuries, with an additional 70 million suffering from nonfatal injuries. When someone dies due to another party’s negligence, the family of the deceased can file a wrongful death lawsuit for compensation. 

In Idaho, such lawsuits are governed by the wrongful death statute (Idaho Code § 5-311 (2021)). While the law allows the surviving family members to receive compensation for the wrongful death of their kin, the legal process is not easy. The good news is that a wrongful death attorney from Andrew Injury Law has the resources to ensure your claim is successful. 

What Is Wrongful Death?

A wrongful death claim is a legal action that arises when an individual dies as a consequence of another party’s “wrongful or neglectful act.” This legal framework allows the deceased’s family or estate to seek compensation for their loss from the party at fault. The key aspects that define wrongful death in Idaho include:

• Negligence. This happens when someone dies because the care taken wasn’t what you’d expect from a reasonably careful person in the same situation. Examples can include car accidents caused by not adhering to traffic laws or deaths resulting from failing to maintain property properly.
• Malpractice. This is where the death occurs due to a professional’s failure to meet the standard of care. For instance, in a medical practice case, errors in surgery that lead to deaths can lead to wrongful death claims.
• Wrongful acts. These are actions that lead to death due to illegal or wrongful behavior not involving negligence. An example could be a fatal incident resulting from a defective product, where the manufacturer failed to ensure the product’s safety.
• Intentional acts. In some cases, wrongful death can result from intentional acts such as assault, battery, or other criminal activities that directly lead to the individual’s death.

Wrongful death claims may come from any accident leading to a loss of life, including:

• Car accidents
• Truck accidents
• Product liability accidents
• Bicycle accidents 
• Pedestrian accidents
• Medical malpractice
• Motorcycle accidents
• Workplace accidents
• And more

Wrongful Death Lawsuits in Idaho

In Idaho, wrongful death lawsuits aim to compensate the surviving family members for the loss of their loved one. The damages recoverable in such a lawsuit may include:

• Medical expenses incurred by the deceased related to their final injury or illness.
• Reasonable funeral and burial or cremation expenses of the deceased.
• Loss of earnings and benefits the deceased would have contributed to the survivors had they lived.
• Loss of love, companionship, care, and guidance due to the death of a loved one.
• Pain and suffering of the deceased
• In cases where the defendant’s actions were out of gross negligence, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

In Idaho, remember that you have a specified time window to bring your lawsuit, known as the statute of limitations. This timeframe goes up to two years from the date of the individual’s death. Failure to file the lawsuit within this period results in the loss of the right to sue for wrongful death. 

Navigating a wrongful death lawsuit in the face of grieving is challenging. It’s advisable to seek advice from an Idaho wrongful death lawyer for insightful input into your lawsuit and to guide you through the legal process.

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What Is the Statute 5-311 in Idaho?

Idaho Code § 5-311 is a statute concerning wrongful death claims in Idaho. This provision outlines who is eligible to file such a wrongful death claim.

Under the statute, when the death of a person is due to the wrongful act, neglect, or default of another, the heirs or personal representatives of the deceased have the right to initiate a wrongful death action. This legal action is intended to compensate the heirs of the deceased for the losses they have suffered as a result of their loved one’s untimely death.

What Is Code 5-327 in Idaho?

Idaho Code § 5-327 addresses the continuation of legal actions related to personal injuries, property damage, or death due to someone else’s wrongful act or negligence, even after the involved parties have passed away. 

If the wrongdoer dies, the victim or their representative, if the victim has also died, can sue the estate of the wrongdoer. However, you can’t ask for punitive (punishment) damages in these cases.

For the injured person to win the case, there must be solid evidence supporting their claim about the other party’s negligence and how it caused the injury. This evidence must go beyond just the injured person’s words.

Also, the statute states that if someone was hurt by another’s fault but then dies from something not related to those injuries, their claim can still move forward. This means:

• The lawsuit can be started or continued by the deceased person’s estate representative or, if there’s no representative, by the heirs.
• The compensation that can be claimed is limited to medical costs, out-of-pocket expenses related to the injury or damage, and lost wages that happened before the person died.

Who Can File for Wrongful Death in Idaho?

Not everyone can file a wrongful death lawsuit in Idaho. According to Idaho Statute 5-311, a specified category of people can bring legal action to recover compensation. These include the following: 

• The deceased’s spouse
• Children of the deceased 
• The surviving stepchildren
• Those legally entitled to succeed to the deceased’s property as defined by Code § 15-1-201.
• Parents of the deceased person 
• The person legally in charge of the deceased’s estate
• Any blood relative and adoptive siblings
• The “putative spouse” of the deceased 

How Wrongful Death Claims Work

Filing a wrongful death claim is the only way the family members of the deceased can seek compensation for their kin who died due to another’s negligence. Usually, there is a procedure and  steps involved:

Determining Eligibility to File a Claim

The first step involves identifying who is eligible to file the wrongful death claim. This usually includes immediate family members like spouses, children, and parents of the deceased person. As seen above, other relatives or financial dependents may also be eligible.

Gathering Evidence

Evidence is key to establishing negligence or fault of the party responsible for the death. Your lawyer will look into police reports, medical records, witness statements, and any other documentation that can support the claim of wrongful death.

Filing the Claim

Once eligibility and evidence are established, the next step is to file the wrongful death claim. Remember to file your claim within two years from the date of death, according to Idaho Code § 5-219. This legal claim will outline the basis of the claim,  the parties involved, the evidence of negligence, and the damages you are seeking.

Discovery Phase

After the claim is filed, both sides enter the discovery phase, where each party investigates the other’s legal claims and defenses. This involves the exchange of documents, depositions (testimonies under oath), and other evidence.

Negotiating a Settlement

It is estimated that 90% of wrongful death cases are settled out of court. Settlement negotiations can occur at any stage of the process. If both parties agree on a settlement amount, the case is settled without going to trial.

However, remember that insurance providers often aim to reduce the payout you deserve. It’s, therefore, important to have an attorney represent you in negotiations to ensure you receive the compensation you’re entitled to.

Going to Trial

If a settlement cannot be reached, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge, who then makes a decision regarding the defendant’s liability and the damages owed to the plaintiff(s).

If the verdict is in favor of the plaintiff(s), the judge will enter a judgment specifying the amount of damages awarded. However, you can appeal the court’s decision if you believe a legal error has affected the verdict. 

Given the several legal procedures and the emotional toll of losing a loved one, having a lawyer handle your lawsuit is highly recommended. They will ensure that your case is handled professionally and also enhance the chances of achieving justice and fair compensation for your loss.

Contact Our Idaho Wrongful Death Attorneys

While the law clearly states that surviving family members have the right to seek compensation through legal action, interpreting the Idaho wrongful death statute is challenging. This is because of many aspects of Idaho law that may apply to your case, such as the statute of limitations. Usually, a wrongful death statute lawyer can interpret the statute and help you understand your legal options. 

Matt Andrew has extensive experience in handling wrongful death cases and will work to help you receive the compensation you deserve. Losing a loved one is a challenging and emotional time, and we are here to support you with your legal claims. Take your first step in seeking wrongful death compensation by speaking with an attorney. Contact us today to schedule a free case evaluation.

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