Wrongful Death

If you lose a loved one because of someone else’s careless actions, you could have an Idaho wrongful death claim. In Idaho, Idaho Code § 5-311 permits all heirs to bring a wrongful death claim against the person who caused the death. 

An heir is defined Idaho’s probate code. It follows the patterns of inheritance, meaning an heir is a spouse, child, stepchild, parent, etc. Depending on the situation, anyone who relies on the deceased person for support may also bring a claim for wrongful death. 

Idaho law, which is a bit different than other places, allow the damages for a wrongful death to go directly to the family members, instead of being wrapped up in the estate. Every heir has non-economic damage claim for the “loss of care, comfort, and society” of their family member in addition to the economic damage claim that includes lost income, loss of household services, medical bills, and funeral expenses. 

Similar to personal injury claims, the statute of limitations for wrongful death in Idaho is generally two years. While the person who caused the death is liable, sometimes other insurance policies will also provide a recovery for the grieving heirs. 

These claims can be complex and emotionally difficult. Jane Gordon Law has years of experience in handling wrongful death claims in Boise and throughout Idaho.