Losing a loved one because of someone else’s negligence can be one of the most devastating things you can go through. Grief can affect us in many ways. You may be seeking a form of justice after losing a loved one that only a wrongful death claim can provide.
Parker & McConkie Personal Injury Lawyers in Idaho Falls, Idaho is dedicated to helping accident victims and their families. While we recognize that no amount of compensation can ever replace your loved one, by filing a wrongful death claim, we can help you seek justice and accountability. We can also help ease the financial burden someone else’s negligence has caused. Contact us today at (208) 418-0633 for a free consultation with an Idaho Falls wrongful death lawyer.
How Parker & McConkie Personal Injury Lawyers Can Help After a Wrongful Death in Idaho Falls, ID
After a tragic accident, you need the space and time to focus on your family and your grief. Still, the law imposes a strict deadline for filing a legal claim against the parties responsible for your loved one’s death.
Our team at Parker & McConkie Personal Injury Lawyers has 100 years of combined experience in helping people get the compensation they deserve. We’ve recovered hundreds of millions of dollars in compensation for clients. For over 45 years, our Idaho Falls personal injury attorneys have been dedicated to helping accident victims and their families.
An experienced Idaho Falls, ID wrongful death lawyer can handle your legal claim, including:
- Investigating the accident and identifying all at-fault parties
- Gathering strong evidence to prove fault
- Explaining your legal rights and options at each phase of your case
- Demonstrating the value of your family’s losses
- Managing communications with insurance companies
- Handling claim paperwork
- Negotiating for full and fair compensation
We can compassionately guide you through the wrongful death claim process and advocate for your rights. Call us for a free, no-obligation consultation.
How Does Idaho Define Wrongful Death?
Idaho law states that when a person’s death is caused by a wrongful act or neglect of another, their heirs have the right to file a wrongful death claim against the parties responsible for the death. However, there are parameters that one must meet to be able to pursue a wrongful death claim. An experienced Idaho Falls wrongful death attorney can help guide you through this process.
Common Causes of Wrongful Death
Wrongful death cases can arise from various actions, including intentional acts and negligence.
This could include various accidents, including:
- Car accidents, truck accidents, motorcycle accidents, and other motor vehicle accidents
- Bicycle and pedestrian accidents
- Boating accidents
- Accidents involving defective products
If your loved one would have survived and would have had the right to file a personal injury claim, the family may be able to file a wrongful death case.
What Damages Can Our Family Recover in a Wrongful Death Claim?
Damages represent the losses an accident victim sustains. In wrongful death cases, the damages that are awarded depend on the specific circumstances surrounding the case. You may be entitled to economic and non-economic damages.
Potential damages include:
- Medical expenses related to the decedent’s final injury or illness
- Funeral expenses and burial costs
- Lost wages and benefits the decedent would have earned
- The decedent’s pain and suffering they endured before death
- Loss of companionship, guidance, and support
An experienced wrongful death attorney can evaluate your claim and determine the damages your family may be entitled to.
How Are Wrongful Death Cases Different Than Criminal Cases?
If you lost a loved one in circumstances involving criminal conduct, there may be an underlying criminal case in addition to your civil claim. For example, your loved one could have been killed by an act of violence or by a drunk driver.
It’s important that you understand the key differences between these two types of cases, including the following:
- Purpose of the claim – The purpose of a criminal case is to punish someone who has violated a criminal law. The criminal justice system tries to prevent further criminal acts by the defendant or others. In a wrongful death claim, the focus is on securing financial compensation for the surviving family members.
- Legal representation – Wrongful death lawyers directly represent the interests of surviving family members in their pursuit of justice. The prosecution represents society at large, which is why they may dismiss charges or negotiate plea bargains that minimize the defendant’s responsibility.
- Involvement of a crime – Criminal cases have to involve some type of violation of a criminal statute, while wrongful death claims do not. Many wrongful death claims are based on negligence, such as causing a death in a car accident. You don’t have to secure a criminal conviction in order to file a wrongful death claim.
- Burden of proof – Criminal cases have the highest burden of proof. Prosecutors must prove the defendant committed every element of the crime by proof beyond a reasonable doubt. Civil cases have a much lower burden of proof by the preponderance of the evidence. This difference can result in obtaining a guilty verdict in the civil case while winding up with a not guilty verdict in a criminal case.
Parker & McConkie Personal Injury Lawyers can explain your family’s options at every phase and advocate for you.
Who Is Responsible for a Wrongful Death?
Every wrongful death case is different. The party responsible for your loved one’s death will depend on the circumstances.
Some commonly-named parties in these types of cases include:
- Negligent motorists
- Trucking companies
- Boat operators and owners
- Property owners
- Businesses and employers
- Product manufacturers
Our experienced lawyers can review the facts of your case to identify all at-fault parties.
Who Can File a Wrongful Death Lawsuit in Idaho?
Not everyone can file a wrongful death lawsuit. They must have legal standing to sue. In Idaho, the deceased’s heirs can file a wrongful death case. Heirs are people defined under Idaho law who would be entitled to receive the decedent’s property if they left no will.
Heirs can include the decedent’s:
- Spouse
- Children
- Stepchildren
- Parents
- Any blood relatives or adoptive siblings who are partly or wholly dependent on the decedent for support or services
Our Idaho Falls wrongful death lawyers can review your particular circumstances and explain whether you have the right to file a wrongful death case.
What Do You Have to Establish to Win a Wrongful Death Case?
Whether you file a wrongful death lawsuit or settle your claim with the insurance company, you must be able to prove your case. Most wrongful death cases are filed based on the legal theory of negligence.
This requires that you show the following:
- Duty of care: You must prove the defendant owed your loved one a duty of care. For example, motorists have a duty to follow traffic laws. Property owners must maintain their properties in a reasonable condition to protect visitors from harm. Dog owners are responsible for controlling their dogs.
- Breach of duty: You must be able to show the defendant breached their duty of care. For example, they may have been speeding or driving drunk when they caused a car accident.
- Causation: You must also show the defendant’s breach of duty is the actual cause of your loved one’s death.
- Damages: Finally, you must prove that your loved one’s death caused damages. For example, you may have depended on your loved one’s income or relied on them for childcare services.
Experienced wrongful death lawyers can gather evidence to help establish these legal elements, including the following:
- Accident reports, police reports, and reports of similar incidents
- Business and employment records
- Autopsy reports and medical records
- Electronic records, including cell phone records and information from event data recorders
- Maintenance and inspection records
- Witness statements
- Physical evidence
With over a century of legal experience, you can trust that our team will know how to identify, preserve, and gather critical evidence to support your case.
What Is the Time Limit to File a Wrongful Death Case in Idaho?
Idaho law generally requires family members or their personal representatives to file a wrongful death lawsuit within two years. Typically, this gives you until your loved one’s death’s second anniversary to file a lawsuit. However, some exceptions may provide more or less time to file this type of lawsuit.
For example, if the cause of death was not immediately discovered, the statute of limitations may be tolled until the date of discovery. This gives the family two years from that date to file the lawsuit.
However, if the party responsible for the death is a government entity or employee, different rules can apply, including special notice requirements and time restrictions. Families may have as little as six months from the date of death to file a claim against the government agency.
The statute of limitations is a strict rule. If your family does not take the required legal action within the applicable statute of limitations, the court can dismiss any subsequently filed case. In these situations, the family can lose their right to seek compensation for their loss. You can protect your rights by contacting an experienced wrongful death lawyer.
Contact Us for a Free Consultation with an Idaho Falls Wrongful Death Lawyer
If you lost a loved one due to another party’s wrongful act or neglect, Parker & McConkie Personal Injury Lawyers can help. Our Idaho Falls wrongful death attorneys proudly stand beside surviving family members in their pursuit of justice. Let us advocate for your rights while you focus on your healing. (208) 418-0633 today for a free case review.
