The unexpected loss of a loved one is heartbreaking—especially when their death was caused by someone else’s negligence or wrongful act. In Idaho, wrongful death laws allow certain family members to seek justice and financial compensation. While a lawsuit can’t undo the tragedy, it can help families cope with the emotional and financial challenges that follow.
Who Can File a Wrongful Death Claim in Idaho?
Idaho law permits the following people to file a wrongful death claim:
- The spouse of the deceased
- Children or stepchildren
- Parents, if the deceased had no spouse or children
- Other dependents or heirs recognized by Idaho’s intestate laws
- The personal representative of the deceased’s estate
Claims are typically filed by one party on behalf of all eligible survivors, and the compensation awarded is divided based on the loss suffered by each person.
What Is Considered a Wrongful Death?
A wrongful death occurs in Idaho when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. Common causes include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Defective or dangerous products
- Workplace accidents
- Premises liability (such as slip and fall or inadequate security)
- Criminal acts
If the deceased could have filed a personal injury lawsuit had they survived, the family or estate typically has the right to pursue a wrongful death case.
What Types of Compensation Can Be Recovered?
Idaho allows wrongful death claimants to pursue both economic and non-economic damages. These may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost future earnings and benefits
- Loss of companionship, love, guidance, and care
- Pain and suffering experienced by survivors
The estate may also pursue a survival action for damages the deceased incurred before passing, such as pain and suffering or lost wages.
Idaho’s Statute of Limitations
Wrongful death claims in Idaho must be filed within two years of the date of death. If the claim is not filed within that time frame, the family or estate may lose the legal right to recover damages.
Some exceptions apply in rare cases—such as if the cause of death was not immediately known—so it’s best to consult an attorney as soon as possible.
Car Accidents and Wrongful Death in Idaho
Many wrongful death cases in Idaho stem from motor vehicle accidents. These often involve negligence such as:
- Distracted driving
- Speeding or reckless driving
- Drunk or drug-impaired driving
- Failure to yield or obey traffic laws
A wrongful death claim may be filed against the at-fault driver, their insurance company, or any third parties who contributed to the crash.
Workplace Fatalities and Third-Party Claims
If your loved one died on the job, you may be eligible for workers’ compensation death benefits. However, if someone other than the employer—such as a subcontractor or equipment manufacturer—was responsible for the death, a wrongful death lawsuit may also be filed against that third party.
An attorney can help determine whether a separate legal action is available.
Frequently Asked Questions About Wrongful Death in Idaho
Can more than one person file a wrongful death lawsuit?
Yes, but Idaho law usually requires one person—often the estate representative—to file on behalf of all eligible survivors. The court will ensure that compensation is distributed fairly among those affected.
What if the deceased had no will?
If there’s no will, the court will appoint a personal representative to manage the estate and pursue any wrongful death claims. This person is often a close family member.
Can punitive damages be awarded in Idaho?
Yes, in cases of extreme misconduct or intentional harm, punitive damages may be awarded to punish the wrongdoer and discourage similar behavior in the future.
Are wrongful death settlements taxable?
Most compensatory damages—including for lost wages, funeral costs, and emotional suffering—are not taxable. However, punitive damages may be taxed. Always speak with a tax professional about how your settlement may be treated.
Speak With an Idaho Wrongful Death Lawyer
If your loved one died because of someone else’s negligence or wrongdoing, you have the right to seek justice. A wrongful death attorney in Idaho can guide you through the legal process, protect your family’s rights, and help you pursue the compensation you deserve. Reach out today to take the first step toward holding the responsible party accountable.