Boise Wrongful Death Attorneys

What Qualifies as a Wrongful Death Lawsuit in Idaho

A wrongful death occurs when someone dies because of another party's negligence, recklessness, or intentional misconduct. Idaho law allows surviving family members to seek compensation when a wrongful act or negligent behavior causes death.

Who Can File a Wrongful Death Claim in Idaho

Under Idaho Code § 5-311, the personal representative of the deceased's estate files the claim on behalf of:

• The surviving spouse
• The deceased person's children
• The deceased's parents (if no spouse or children survive)
• Other financially dependent heirs

Idaho's Deadline for Filing a Wrongful Death Lawsuit

Idaho Code § 5-219 gives you two years from the date of death to file. Miss this deadline, and your family loses the right to seek compensation, no exceptions, no matter how strong the case. Evidence must be gathered, witnesses interviewed, and autopsy reports analyzed. Contact our wrongful death lawyer in Boise, ID, immediately to protect your rights.

What Must Be Proven in a Wrongful Death Case

Your attorney must prove:

• Duty: The defendant owed your loved one a legal duty of care.
• Breach: They violated that duty through negligence or misconduct.
• Causation: Their actions directly caused the death.
• Damages: Your family suffered measurable losses.

This requires strategic investigation, compelling evidence, and often expert testimony.

Types of Wrongful Death Cases We Handle

Wrongful death can result from many circumstances:

• Car accidents caused by drunk, distracted, or reckless drivers.
• Motorcycle accidents where other drivers fail to see riders.
• Medical malpractice including surgical errors, misdiagnoses, and medication mistakes.
• Workplace accidents on construction sites and industrial facilities.
• Nursing home neglect leading to preventable deaths of elderly residents.
• Defective products that kill due to manufacturing or design flaws.
• Premises liability from unsafe property conditions.
• Criminal acts where civil claims proceed alongside or after criminal cases.

Parties That Can Be Held Liable for Wrongful Death

Determining liability requires a thorough investigation. Common defendants include:

• Individual drivers who caused fatal car accidents through negligence.
• Employers who failed to maintain safe working conditions.
• Medical providers whose malpractice resulted in death.
• Nursing homes that allowed neglect or abuse.
• Manufacturers of defective products.
• Property owners who failed to maintain safe premises.
• Government entities responsible for dangerous conditions.
• Corporations whose policies led to a fatality.

We investigate every angle to identify all liable parties and maximize your family's financial compensation.

Compensation We'll Help You Recover in a Boise Wrongful Death Case

Idaho law allows recovery of both economic and non-economic damages:

Measurable Financial Losses

We work with forensic accountants, economists, and industry experts to demonstrate the real, provable losses your family faces:

• Medical bills incurred before death
• Funeral costs and burial expenses
• Lost income and future earning capacity
• Loss of benefits like health insurance
• Value of household services provided

The Human Cost of Loss

What cannot be measured in dollars is often what matters most. Our role is to articulate that loss with both clarity and respect:

• Loss of companionship and consortium
• Loss of parental guidance for children
• Pain and suffering the deceased endured
• Grief and emotional distress

Punitive Damages

In cases of extreme negligence, such as drunk driving, intentional violence, or gross misconduct, courts may award punitive damages to punish the defendant and deter similar conduct.

Timeline for Resolving Your Wrongful Death Claim

Some cases settle within months, others take years. The timeline depends on complexity, clarity of fault, the insurance company's willingness to negotiate, and whether a trial is necessary. If liability is clear, settlement may come quickly. If the fault is disputed or multiple parties are involved, litigation takes longer.

We move quickly without sacrificing case strength. The insurance company may pressure you to accept a quick offer, but we ensure you're not shortchanged. If they refuse fair compensation, we file a lawsuit. Many cases settle during litigation once defendants realize we're trial-ready.