When a person is killed because of another person’s neglect or a company’s recklessness, Idaho law allows a lawsuit to be brought for wrongful death. Until Idaho Code section 5-311 was passed, a negligent person had no responsibility if they caused an injury so severe it led to a death. That statute now allows a person’s spouse, children, stepchildren, and parents to assert a claim for their losses where a death is caused by negligence or other wrongful act. In addition, any blood relatives or adoptive brothers and sisters who are “partly or wholly dependent” on the decedent for support or services may also recover compensation.
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.
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
Economic Losses Recoverable in an Idaho Wrongful Death Claim
Medical expenses incurred prior to death;
- Funeral expenses;
- Loss of future income expected from the decedent that would have supported he claimant;
- Loss value of the household services (lawn mowing, cleaning, car repair etc. ) provided by the decedent.
Non-Economic Damages Recoverable in an Idaho Wrongful Death Claim
- Loss of the care, training, comfort and society of the deceased family member;
- For a spouse, the lost conjugal relationship.
All economic damage incurred can be recovered no matter the amount. The Idaho legislature, however, has limited non-economic damages. The law provides a limit of $250,000 per family member for a death claim. Each year that amount adjusts upwards slightly based on certain economic data.
If you are facing the tragedy of the loss of a loved one through the negligence of a person, because of a dangerous product, a trucking accident or other collision, call us to discuss your situation. We understand how devastating an unexpected death can be emotionally and financially. Our goal to be the best injury lawyers in Idaho includes our commitment to compassionate and caring representation as your family deals with the heartbreak of losing a loved one.
We encourage you to call right away because there are important time limitations on Idaho wrongful death claims.