Did you lose a loved one in an accident in Boise, Idaho? Your family may be entitled to significant compensation for your loss. An experienced Boise wrongful death lawyer at Feller & Wendt, LLC can help you understand your rights and pursue the accountability your loved one deserves. Call (208)-595-6953 for a free consultation.
Our attorneys have over 120 years of combined legal experience and have recovered more than $100 million for injured clients and grieving families across Idaho. We know that no legal outcome can undo your loss, but we can fight to secure your family’s financial future and hold the responsible party accountable for what happened.
Call now to learn more. We operate on a contingency fee basis in all wrongful death cases. You never pay unless we win.
Why Choose Feller & Wendt, LLC for Help After a Wrongful Death in Boise, ID?
Wrongful death claims are among the highest-stakes cases in personal injury law. They involve aggressive, insensitive insurance companies, and they arrive at the worst possible time, when your family needs space to grieve rather than fight. Feller & Wendt, LLC can take that fight off your shoulders and put it on ours.
Families in Boise, ID, choose our team because:
- Our attorneys have over a century of combined legal experience handling serious collision and fatal accident cases.
- We have recovered tens of millions for injured clients across Utah and Idaho.
- We are a Veteran-owned firm recognized by the National Trial Lawyers, Super Lawyers, and the American Institute of Personal Injury Lawyers.
- We provide personalized client service that helps families feel like the priority they are.
- We handle every wrongful death claim on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your family.
Call our Boise personal injury attorneys today to get started. Weโre here for you when you need us.
What Is a Wrongful Death Under Idaho Law?
Under Idaho law, a wrongful death occurs when a person dies as a result of another party’s wrongful act or negligence. If your loved one could have filed a personal injury lawsuit had they survived the incident, surviving family members generally have the right to pursue a wrongful death claim.
What Causes Most Wrongful Deaths in Boise?
Most wrongful death claims trace back to preventable accidents caused by negligence or unsafe property, or work conditions. In Boise, these claims commonly arise from:
- Car accidents
- Commercial truck crashes
- Motorcycle accidents
- Pedestrian collisions
- Bicycle accidents
- Workplace accidents
- Dangerous property conditions and inadequate security
- Defective products that cause fatal injuries
However, any death caused by negligence or other misconduct may qualify. Also, these claims are independent of any criminal charges filed over the same incident. Criminal cases are about punishment; civil cases are about remedies and compensation for the family.
Who Can File a Wrongful Death Claim in Idaho?
Idaho law limits who has the legal standing to bring a wrongful death lawsuit. Under Idaho’s wrongful death statute, a claim may generally be filed by:
- The deceased person’s heirs, which typically include the surviving spouse and children
- The deceased person’s parents, in certain circumstances
- The personal representative of the deceased person’s estate, acting on behalf of the heirs
- Stepchildren and certain dependents who relied on the deceased for support may also qualify
An experienced attorney can help you determine who in your family has the right to file a claim.
How Much Is My Boise Wrongful Death Case Worth?
No two wrongful death cases are alike; no two lives are alike. The value of your family’s claim depends on factors unique to your loved one and the losses your family has suffered.
Factors that influence the value of a wrongful death claim include:
- Your loved one’s age and life expectancy
- Their earnings and future earning potential
- The financial support they provided to the household
- The loss of companionship, guidance, and care experienced by surviving family members
- Available insurance coverage
- The strength of the evidence
- Whether your loved one shared any responsibility for the accident
Wrongful death cases generally require testimony from financial experts to establish their full value.
At Feller & Wendt, LLC, we work with the top specialists in Idaho to help pinpoint clientsโ losses โ past and future โ down to the last cent. Call us today to learn more about what your case may be worth.
What Damages Can Be Recovered in an Idaho Wrongful Death Claim?
A wrongful death claim can help surviving family members recover compensation for the financial consequences of losing a loved one. Additionally, they can help compensate for the deeply personal losses that accompany an untimely death.
Recoverable damages in an Idaho wrongful death claim may include:
- Loss of the deceased person’s future income and financial support
- Medical expenses related to the final injury
- Funeral and burial costs
- Loss of companionship, love, and society
- Loss of care, guidance, and protection that the deceased would have provided
- The value of the household services your loved one performed
Idaho law places a cap on non-economic damages in personal injury cases. That cap adjusts annually, on July 1st, based on changes in the state’s average wage. However, there is no cap for cases involving willful or reckless misconduct. There is also no cap for economic damages.
An experienced Boise personal injury lawyer can explain how damages rules apply to your family’s situation and structure your claim to maximize the available recovery.
Can You Recover Compensation if Your Loved One Was Partially at Fault?
Idaho follows a modified comparative negligence rule. Under this system, your family may still recover compensation as long as your loved one’s share of fault was less than 50%. Any compensation awarded will be reduced in proportion to their percentage of responsibility.
For example, if your family’s total damages are $1,000,000 and your loved one is found 20% at fault, the recovery would be reduced to $800,000.
In wrongful death cases, insurers frequently attempt to shift blame onto the deceased, knowing that the person being blamed is not here to tell their side of the story. This tactic can reduce their financial exposure for what will likely be a high-value claim. But the accusations are not always grounded in reality.
Our attorneys push back against unsupported fault allegations so your loved one is not unfairly blamed for their death.
How Can I Prove a Wrongful Death Claim?
To recover compensation in a wrongful death case, the surviving family members must prove that another person or entity’s wrongful conduct caused the death.
A successful wrongful death claim typically requires proving:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty.
- The defendant’s conduct caused the fatal injuries or illness.
- The death resulted in damages to the surviving family members or the decedent’s estate.
Proving a wrongful death claim requires clear evidence that another party’s negligence, recklessness, or wrongful actions caused your loved one’s death.
What Evidence Is Important in a Boise Wrongful Death Case?
Strong evidence is the foundation of a provable wrongful death claim. Your attorney may use many of the following types of evidence to prove your case:
- Police and accident reports
- Photographs and surveillance footage from the scene
- Event data recorder (black box) information from vehicles
- Medical records and autopsy findings
- Statements from witnesses who saw the incident
- Cellphone records that may reveal distracted driving
- Analysis from accident reconstruction and financial experts
Contact us today to schedule a free case review to learn more about how we can help you gather evidence and prove that your loved oneโs death was caused by negligence.
How Long Do I Have To File a Wrongful Death Lawsuit in Idaho?
Idaho law generally gives families two years from the date of death to file a wrongful death lawsuit. If you miss this deadline, you will be permanently barred from recovering compensation through the courts.
Speaking with an attorney early protects your right to file and gives your legal team the time needed to build the strongest possible case.
How Much Does It Cost To Hire a Wrongful Death Lawyer?
Most wrongful death attorneys handle cases on a contingency fee basis. Under a contingency fee arrangement, there are no upfront attorney fees, no hourly billing, and no out-of-pocket costs to begin your case. Your law firm will typically advance the costs of investigating and litigating the claim as well.
Your attorney’s fee will be a percentage of any compensation recovered for the family. If your attorney does not recover compensation, your family generally owes no attorney fees at all. Feller & Wendt, LLC offers free consultations and handles all wrongful death cases on contingency. Call us today to get started.
Contact a Boise Wrongful Death Lawyer for a Free Consultation
No lawsuit can bring back the person you lost, but it can honor their memory by delivering the accountability and the financial stability your family needs to move forward in Boise, ID. At Feller & Wendt, LLC, we are ready to put more than 120 years of combined experience behind your family’s claim.
Contact our experienced Boise wrongful death attorneys today to schedule a free consultation and learn more about your legal options.
