Losing a loved one unexpectedly is one of the most painful experiences any family can endure. When a death occurs because of someone else’s negligence — such as a fatal car accident, medical error, or unsafe premises — the law provides a way for surviving family members to pursue justice and financial support through a wrongful death lawsuit. At Shep Law Group, we stand with families in Boise and throughout Idaho during these difficult times, offering compassionate guidance and precise legal representation to help them move forward.
Understanding who can file a wrongful death lawsuit in Idaho, what damages may be recovered, and how the process works is an important step in protecting your family’s rights.
Idaho Wrongful Death Law: Who Can File
In Idaho, wrongful death actions are governed by Idaho Code § 5-311. The law specifies that the right to bring a wrongful death claim belongs to the deceased person’s “heirs.” These typically include:
- The surviving spouse
- Children (including adopted children)
- Stepchildren who were financially dependent on the deceased
- Parents of the deceased (if there is no surviving spouse or children)
- Other blood relatives or heirs who may inherit under Idaho’s intestacy laws
Additionally, the personal representative (executor) of the deceased’s estate may file a wrongful death claim in Idaho on behalf of all beneficiaries. This ensures that damages are distributed fairly among eligible family members.
It’s important to note that wrongful death lawsuits can only be filed by those who have a direct, legally recognized relationship with the deceased. Friends, fiancés, or more distant relatives generally do not have standing under Idaho law.
Types of Damages in an Idaho Wrongful Death Case
The purpose of a wrongful death lawsuit is to compensate surviving family members for both the economic and non-economic losses they suffer due to the untimely death of a loved one.
Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s expected financial contributions
- Loss of household services (childcare, home maintenance, etc.)
Non-Economic Damages:
- Loss of companionship, comfort, and guidance
- Emotional suffering and grief of surviving family members
Under Idaho Code § 6-1603, Idaho places a cap on non-economic damages in most personal injury and wrongful death cases. As of 2024, this cap is $458,728, adjusted annually for inflation. However, economic damages such as medical bills and lost wages are not capped.
In particularly egregious cases, families may also seek punitive damages to punish reckless or intentional misconduct, though these are only awarded under strict standards set by the court.
Statute of Limitations for Wrongful Death in Idaho
Time is a critical factor in wrongful death cases. Idaho law requires that wrongful death lawsuits be filed within two years of the date of death (Idaho Code § 5-219). If the case is not filed within this period, families may lose the right to pursue compensation.
This deadline underscores the importance of contacting a wrongful death lawyer in Boise as soon as possible to preserve evidence, identify responsible parties, and file the claim correctly.
Common Causes of Wrongful Death in Idaho
While wrongful death cases can arise from many situations, some of the most common causes include:
- Fatal car accidents caused by drunk driving, distracted driving, or reckless behavior
- Medical malpractice, such as surgical errors or misdiagnoses
- Workplace accidents, including construction site fatalities
- Defective products, such as unsafe vehicles or equipment
- Premises liability, including unsafe property conditions or negligent security
Each case requires careful investigation to determine liability and build a strong claim for compensation.
Frequently Asked Questions About Idaho Wrongful Death
Can multiple family members file separate wrongful death lawsuits?
No. Idaho law allows only one wrongful death action to be filed, though multiple heirs may share in any recovery.
What if the deceased left a will?
If the deceased had a will, the executor may file the lawsuit on behalf of all beneficiaries. If no will exists, heirs under Idaho’s intestacy laws may bring the case.
Are damages awarded taxable?
Generally, compensatory damages for wrongful death (such as medical bills, lost wages, and pain and suffering) are not taxable under federal law. However, punitive damages may be subject to taxation.
How long does a wrongful death case take in Idaho?
The timeline varies. Some cases settle within months, while others may take years if litigation and trial are required. Working with an experienced attorney can help expedite the process while ensuring your family’s rights are protected.
Standing Beside Families in Their Time of Need
At Shep Law Group, we recognize that no amount of money can replace the loss of a loved one. What wrongful death lawsuits can do, however, is hold negligent parties accountable and provide families with financial stability during a time of overwhelming grief. Our attorneys work with care, compassion, and precision to pursue justice for Idaho families.
If you have lost a loved one due to someone else’s negligence — whether from a fatal car accident in Boise or another preventable tragedy — you do not have to face the legal process alone. Speak with our wrongful death lawyers for trusted legal guidance, or contact us today to begin your case.
