Idaho Wrongful Death Lawyer
The loss of a loved one is always painful, and a wrongful death adds even more of an emotional burden. Your family deserves justice, but the lawsuit process can feel overwhelming when grieving a loved one.
The trusted team at Feller & Wendt, LLC™ is ready to help. Your Idaho wrongful death lawyer will advocate for your rights and pursue the compensation you deserve so you can focus on healing and moving forward.
Choosing the Right Wrongful Death Attorney in Idaho
You deserve a wrongful death lawyer who will represent you with compassion, determination, and skill. Our attorneys are trusted legal professionals with over 70 years of combined experience handling Idaho wrongful death cases. Our track record includes successful case results of more than $85.8 million in meaningful client settlements and verdicts, including $1.5 million in a single wrongful death case.
We follow the philosophy of “Our Family Protecting Yours.” We approach each case with care, respect, and relentless advocacy for our clients in this difficult time of their lives. We give each client direct access to their attorney via cell phone, ensuring they always have a trusted advocate within reach.
Our dedication and expertise have earned many positive testimonials from grateful clients. We would be proud to earn your trust.
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What Makes a Death "Wrongful" in Idaho?
Idaho law allows a wrongful death lawsuit if someone dies because of another person’s wrongful act or negligence. To prove a wrongful death claim, the family must show that the person responsible either didn’t take proper care, ignored a known danger, or intentionally hurt someone. Accidental deaths are different because they happen without anyone acting carelessly or doing something wrong.
Under Idaho’s wrongful death law, a death is wrongful if it happens because of another person’s wrongful act or negligence. You may be wondering what it takes to prove a wrongful death claim. The surviving family member must show that the death resulted from negligence, recklessness, or intentional harm. Each indicates a different type of fault—failing to take reasonable care, intentionally disregarding risk, or deliberately hurting another person. One of our experienced attorneys at Feller & Wendt, LLC™ can walk you through our wrongful death legal guide to help you understand your legal options.
Wrongful death is different from an accidental death, which does not involve the negligence or unreasonable actions of another person and may be covered by the deceased’s life insurance policies. One of our knowledgeable Idaho personal injury lawyers can explain these differences in more detail.
Can You File a Wrongful Death Lawsuit in Idaho?
Only qualified relatives, dependents, and heirs may file an Idaho wrongful death claim. You may be eligible if you are any of the following to the deceased:
- Spouse
- Child
- Stepchild
- Parent
- Legal guardian
You might also be able to file a wrongful death claim if you are a blood relative, adopted sibling, or former spouse of the person who passed away, but only if you depended on them for financial support or care.
The personal representative who handles the deceased person’s estate can file a claim. Other distant relatives, including siblings, nieces, nephews, uncles, aunts, and cousins who were not dependent on the deceased for support, usually cannot file a claim.
“Idaho wrongful death cases are based on statute, and the statute permits a number of different people to file a claim. That can include the victim’s spouse, parents, and children, but in Idaho, we also broadly include some other people. If you’re a family member who depended on a victim for financial support or services, you too may be able to file a wrongful death claim.”
–Colton Schneider, attorney at Feller & Wendt, LLC™
How Much Time Do You Have? Understanding Idaho's Statute of Limitations
In most cases, you have two years from the date of death to file a wrongful death lawsuit. Some situations, including claims against the state or a state employee, may have earlier deadlines.
Knowing which statute of limitations applies to your case can be difficult without legal expertise. It’s vital to consult with a skilled Idaho personal injury lawyer as soon as possible to avoid missing your case deadline.
Acting quickly can strengthen your case. Over time, evidence may be lost, and witnesses may forget important details. Taking action early gives you and your attorney a better chance of proving negligence.
What Damages Can You Recover in a Wrongful Death Case?
In a wrongful death case, the compensation you may receive depends on the financial impact of your losses. For example, an Idaho truck accident that causes severe injuries before death could lead to significant damages due to medical bills and end-of-life care.
While no one can put a price on your grief, the purpose of filing a lawsuit is to hold the responsible party accountable and seek compensation for the losses you suffered. Those losses may include:
- Economic damages: Medical bills, lost wages before death, loss of financial support after death, end-of-life care, funeral costs
- Non-economic damages: Emotional distress, pain and suffering, or loss of companionship
The court may also award punitive damages if the responsible party’s actions were oppressive, fraudulent, malicious, or outrageous. Punitive damages serve as penalties for severe wrongdoing and may not exceed $250,000 or three times your compensatory damages, whichever is higher.
Should You Settle or Go to Court?
Most wrongful death cases settle out of court, but litigation may be necessary in some situations. If an insurance company undervalues your claim or a corporation refuses to negotiate fairly, your settlement offer may be below what you rightfully deserve. In this case, going to court is usually the best course of action.
Your wrongful death attorney can present the evidence before an impartial judge or jury. This often results in higher compensation than if the plaintiff had accepted an initial offer.
The Process of Filing a Wrongful Death Lawsuit in Idaho
Knowing what to expect can make the lawsuit process less stressful. Most wrongful death lawsuits follow this basic timeline:
- Consulting an experienced wrongful death attorney: You and the attorney will discuss what happened and whether you have a case.
- Investigating the death: If you move forward, your attorney will gather evidence—such as police reports, medical records, and witness statements—to build your case.
- Identifying liable parties: Using available evidence, your attorney will determine who all was responsible for the death. Parties may include individuals, corporations, or medical care groups. More than one party may be liable.
- Filing the lawsuit: Your lawyer will file the paperwork promptly to avoid the statute of limitations deadline.
- Negotiating a settlement: Your attorney will make every attempt to get a fair settlement on your behalf. If this is possible, you will not have to go to trial.
- Going to trial if necessary: If the case progresses, your team will build an argument supporting your claim.
Your lawyer is your advocate throughout the process. You should always feel comfortable asking questions and requesting updates.
Take the Next Step —Get the Justice Your Loved One Deserves
The loss of a loved one is difficult enough without the stress of a legal battle. At Feller & Wendt, LLC™, we believe you should not have to sacrifice justice and compensation to preserve your peace of mind.
Our Idaho wrongful death attorneys understand the difficulty of this time in your life. We will handle the complexities of the lawsuit process so you can focus on your family and move forward, as painful as that can be.
We strive to make the process as easy as possible. Your first consultation is free, and there are no fees unless we win.
Let us help you pursue justice for your loved one. Call 208-391-5945 or contact us online to request a free consultation. Our team is waiting to support you.
Frequently Asked Questions About Idaho Wrongful Death Lawsuits
How Long Does a Wrongful Death Case Take?
The length of a wrongful death case depends on the issue’s complexity and whether attorneys can settle out of court. An Idaho wrongful death settlement is typically faster than a court case. However, if the settlement offer is unfairly low, you may decide to pursue fair compensation in court.
What if the Deceased Was Partially at Fault?
Idaho’s modified comparative negligence law says an injured party can file if they were less than 50 percent at fault. If a party with shared fault collects damages, the court will reduce their award by their fault percentage. This rule applies to wrongful death lawsuits and is a common concern in Idaho car accident cases.
Can Multiple Family Members File Separate Lawsuits?
While the Idaho law does not explicitly forbid multiple wrongful death actions, it does refer to “an action” rather than “actions,” so family members who file together may increase their chances with a single unified action.
What Happens if the At-Fault Party Has No Insurance?
If the at-fault party has no insurance, you may be able to recover damages through your own uninsured motorist coverage. If not, you could pursue a lawsuit against the at-fault party, though recovery may be limited if they lack assets or insurance.
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*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
