Honor Their Memory.
Protect Their Legacy.
No amount of money can bring back a loved one. But a wrongful death claim is about accountability and ensuring that those left behind are not burdened by the financial consequences of another's negligence.
Idaho Fatal Accident Law
Under Idaho Code § 5-311, certain survivors have the right to seek damages. We handle fatal cases involving:
- ✓ High-Speed Traffic Fatalities
- ✓ Commercial Trucking Disasters
- ✓ Medical Malpractice & Misdiagnosis
- ✓ Workplace & Construction Deaths
Navigating a Wrongful Death Claim in Nampa
A wrongful death occurs when a person dies due to the legal fault of another person or entity. This can include negligence (such as a distracted driver), reckless behavior, or intentional harm. In Canyon County, these claims are civil actions, separate from any criminal charges that may be filed by the state.
At Nampa Injury Attorney, we understand that you are going through the unimaginable. Our role is to handle the legal complexities, the insurance adjusters, and the courtroom battles so you can focus on your family. We are not just your lawyers; we are the shield that protects your interests during your time of grief.
Who Can File a Wrongful Death Suit in Idaho?
Idaho law is specific about who has the "standing" to file a claim. Generally, the following individuals are eligible:
- Immediate Family: Surviving spouses, children, and stepchildren.
- Parents: If the deceased was a minor or if there are no other heirs.
- The Estate: A personal representative of the deceased's estate can also bring the action.
Types of Fatal Incidents We Represent
Fatalities are often the result of systemic safety failures. We investigate cases involving:
Commercial Trucking Wrecks
The massive force of a semi-truck often results in immediate fatalities. We investigate trucking companies for FMCSA violations and driver fatigue.
Fatal Medical Negligence
Surgical errors, pharmacy mistakes, and failure to diagnose terminal conditions are common grounds for medical malpractice wrongful death suits.
Catastrophic Construction Falls
Workplace safety is not optional. When contractors cut corners on scaffolding or electrical safety, construction accidents can turn deadly.
The Value of Life: Calculating Damages
While it feels cold to place a dollar amount on a human life, it is the only way the law can provide restitution. We work with forensic economists to calculate:
- • Lost Future Earnings & Benefits
- • Loss of Inheritance
- • Funeral and Burial Expenses
- • Loss of Companionship & Guidance
- • Medical Expenses Incurred Before Death
- • Loss of Spousal Support
The Statute of Limitations
In Idaho, time is of the essence:
- Two Years: You generally have 2 years from the date of death to file a suit.
- Evidence Fades: Skid marks wash away, and electronic data is deleted.
- Tort Claims: If the government is involved, you may have as little as 180 days to act.
Related Legal Services
Recovering for Survivors
Economic Loss
Replacing the income, benefits, and retirement funds the deceased would have provided to the family.
Loss of Consortium
Compensation for the loss of love, companionship, comfort, and sexual relations between spouses.
Parental Guidance
Specific damages for children who have lost the nurturing, training, and education provided by a parent.
Wrongful Death FAQs
What is a "Survival Action"?
In addition to a wrongful death claim (for the survivors), Idaho allows for a survival action. This seeks damages for the deceased person's own pain and suffering that occurred between the accident and the time of death.
What if my loved one was partially at fault?
Idaho's comparative negligence rule applies. You can still recover damages as long as your loved one was less than 50% at fault. The final settlement would be reduced by their percentage of fault.
How are the settlement funds distributed?
Wrongful death settlements are typically distributed to the heirs according to Idaho's laws of intestate succession, or as agreed upon by the family members and approved by the court.
Let Us Carry the Legal Burden
We offer free, no-obligation consultations to help you understand your rights. We work on a contingency fee basis—no fee unless we win.