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Idaho Wrongful Death Lawyer

Import Data
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In the United States, preventable injury-related casualties are at an all-time high. According to statistics from the National Safety Council, there were 55.4 million individuals seeking medical attention, and there were 200,955 avoidable injury-related deaths in 2020. In Idaho, one of the top causes of death are falls, poisonings, automobile accidents, and choking.

If any of your family members died due to a preventable accident, you might be entitled to file a wrongful death claim. There’s nothing more important than to seek justice for your loved one’s death and recover compensation for all damages incurred to your family. But going through the wrongful death claim process is not easy. The at-fault will try everything to avoid liability. Insurance companies may also entice you to accept a lowball settlement offer to avoid the hassle. This is where an Idaho wrongful death lawyer comes into play. They can help you build a solid case against the at-fault, ensuring they can’t escape liability and that you receive what’s owed to you.

The personal injury lawyers at Parker and McConkie offer the most exemplary legal representation for wrongful death claims, advocating zealously and achieving only the best outcomes for our clients. Our experienced Idaho wrongful death lawyers are always ready to seek justice.

Getting assistance with your personal injury case is simple, quick, and free. If you would like a free case evaluation with one of our wrongful death lawyers, contact us at (801) 877-1493.

Idaho Wrongful Death Lawyer Dedicated to Pursuing Justice and Compensation Your Family Deserves

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You might be entitled to financial compensation if your loved one’s death was due to someone else’s wrongful act. We know very well that dealing with medical bills, funeral costs, an insurance company, and other legal issues is the least you want to do after the suffering and pain from an unexpected loss. This is why you need an experienced wrongful death attorney on your side if you want to file a wrongful death case and hold the liable party accountable.

For 40 years, our Idaho wrongful death law firm has defended individuals in cases involving personal injuries. You can count on the Idaho wrongful death lawyers at Parker & McConkie to help you pursue justice and seek compensation from the person responsible for your loved one or family member’s death.

Our personal injury lawyers know what is necessary to win your wrongful death lawsuit. Our team of wrongful death attorneys is here to provide you with the finest legal help you need and fight for the proper financial compensation you deserve. Ring us anytime for a free case evaluation.

Idaho Wrongful Death Statute

The Idaho Wrongful Death Statute provides the legal foundation for filing wrongful death cases in the state. The law sets forth who can file a wrongful death claim, what types of damages may be recovered, and how the case will proceed through the court system.

If you have lost a loved one due to someone else’s negligence or intentional misconduct, you could file a wrongful death lawsuit, given that you are the decedent’s heir. The Idaho law states a family member or any dependent may seek compensation for their losses, including medical and funeral expenses, lost earnings, and the loss of companionship.

In the event of the defendant’s death, the victim’s family may sue the wrongdoer’s personal representative, regardless of whether the offender passed away before or after the victim. Suppose another person is accountable for any such wrongdoing or negligence. In that case, the victims’ heir may also bring legal action against them or their representative during their demise.

To learn more about whether you have a valid case, contact an experienced Idaho wrongful death lawyer. An experienced injury lawyer can review the facts of your case and explain your legal options.

How Is Wrongful Death Defined in Idaho?

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According to Idaho Code 5-311, a “wrongful death” is a death brought by the “wrongful or negligent act of another.” In other words, wrongful death happens when a person dies due to someone else’s legal wrongdoing.

Wrongful death claims are civil lawsuits that plaintiffs file in civil court. The standard of proof in civil court is lower than in criminal court. In a wrongful death claim, the plaintiff only needs to prove that the defendant’s negligence was a factor in the death and that the demise would not have occurred if it were not for the defendant’s negligence.

The burden of proof is on the plaintiff to prove that the defendant’s negligence was a cause of the death. There are many ways to do this, but typically it involves witnesses, testimony, or accident reconstruction.

In a successful wrongful death case, just like in other personal injury actions, the responsibility of the liable party is only defined in terms of the monetary compensation that the defendant must pay to the deceased person’s surviving family member.

What Qualifies as a Wrongful Death Lawsuit in Idaho?

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When you have recently lost a loved one due to what you believe was a wrongful death, a personal injury lawyer can determine if the wrongful death claim can be upheld. Your wrongful death attorney will make every effort to address your concerns and respond to your inquiries.

Wrongful death attorneys must follow specific protocols and steps to analyze and determine whether death can be filed as a wrongful death lawsuit.

If your loved one passed away due to the carelessness or neglect of another person, people, or business, you should file a wrongful death claim. If your loved one died due to any of the following circumstances, you might be able to seek settlement:

  • When a person has been killed on purpose
  • Medical malpractice death (failure to diagnose an illness or condition, carelessness by a doctor, etc.)
  • Vehicular accidents caused by negligent individuals (i.e., drunk driving, speeding, reckless driving, etc.)
  • Death from a car accident or motorcycle accident caused by a subpar road
  • Products with flaws (defective vehicles, dangerous products or toys, toxic food products, etc.)

Numerous additional scenarios qualify as wrongful casualties. By looking into the end and putting up a compelling argument for you, a wrongful death lawyer will assist you in determining whether your wrongful death claim is justified. Give our law firm a call for a free consultation, or click here to find a wrongful death lawyer near me.

Most Common Causes of Wrongful Deaths in Idaho

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Our wrongful death attorneys handle all types of wrongful death lawsuits. Our qualified wrongful death attorney in Idaho has experience handling various cases. We have worked to varying degrees with clients in multiple circumstances. Our wrongful death attorneys have experience handling the following frequent wrongful death claim types:

Truck Accidents

Considering the size and weight of commercial semi-trucks and vehicles, truck accidents can be significantly more deadly than car accidents. Truck drivers’ mistakes, intoxicated or impaired driving, aggressive driving, mechanical problems, and truck company neglect are the most frequent causes of wrongful deaths caused by truck accidents.

Car Accidents

The Office of Highway Safety of the Idaho Transportation Department reports 34 fatal crashes involving commercial motor vehicles in 2019 and 37 in 2020. In Idaho, a car accident is the main reason for wrongful deaths. You might be eligible to bring a wrongful death lawsuit against the at-fault driver if you lost a loved one in an automobile accident.

Motorcycle Accidents

Motorcycle riders are more likely to suffer injury or lose their lives in accidents. In 2020, there were 27 motorcycle fatalities due to auto accidents. Over a third (41%) of fatal motorcycle crashes in 2020 featured an impaired motorcycle driver, while slightly over half (52%) of crashes just involved the motorcycle. You might be eligible to bring a wrongful death lawsuit against the at-fault motorist for the death of your loved one.

Medical Malpractice

When medical professionals make errors, the consequences of their mistakes can be devastating. Medical malpractice can lead to severe hurt or even death. If you believe that the demise of your loved one was caused by medical malpractice, you may be able to file a wrongful death claim against the responsible parties.

Defective Products

Every year, countless people are injured or killed by defective products. A manufacturer could be accountable for their conduct if they created a defective product that caused someone to die. Your party could file a wrongful death claim against the manufacturer or other responsible parties if you lost someone you loved due to defective products.

Pedestrian Accidents

Pedestrian casualties have been rising in recent years. Of all pedestrians involved in crashes in 2020, 97% received varying degrees of wounds. You could opt to file a wrongful death lawsuit against the at-fault driver if you lost a loved one in a pedestrian accident.

To discuss your options, speak with a knowledgeable wrongful death attorney at The Parker and McConkie law firm.

Compensatory Damages Available in a Wrongful Death Case in Idaho

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In a successful wrongful death case, courts compensate the surviving family members for “damages” or the plaintiff’s alleged losses. Economic and non-economic damages are the two main types awarded in Idaho’s wrongful death cases.

Economic losses are related to bills, income statements, and other records that provide specific dollar amounts. Some of these might consist of:

• Medical costs

• Burial expenses and cremation

• Lost revenue

• Inheritance and forfeited benefits

• Financial support is lost

• Reduction in household services

Non-economic damages are intended to cover suffering, pain, and losses above and beyond death’s monetary harm. In wrongful death lawsuits, non-monetary damages are frequently granted to the family to compensate for the loss of the victim’s companionship, comfort, and counsel.

Who Can File a Wrongful Death Lawsuit in Idaho?

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When the death of your loved one is considered a wrongful death, you may be able to file a wrongful death lawsuit. These cases can be complex, and having an experienced Idaho wrongful death lawyer on your side is vital. Wrongful death lawsuits are filed by the heirs of the deceased or the victim’s family member.

Based on section 5-311 of the state law, those qualified as “heirs” are the decedent’s spouse, children, stepchildren, parents, and any blood relatives or adoptive siblings and sisters who rely on the decedent in any way for assistance or services. The executor of the deceased person’s estate, also known as the personal representative, may file for a case through wrongful death attorneys.

 Idaho’s Statute of Limitations for Wrongful Death Cases

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Idaho falls among most states with time limits for filing a wrongful death claim. These time limits are also known as “statutes of limitations.” In Idaho law, the statute of limitations for filing a wrongful death claim is two years from the date of death. It is crucial to speak with a wrongful death lawyer as soon as possible to discuss your legal options and ensure your claim is filed within the applicable time limit.

In addition, the amount of non-economic damages incurred by a claimant who suffered personal injury or is claiming a wrongful death is subject to the limitation in section 6-1603 (2021) of the Idaho Code. Furthermore, it also applies to non-economic losses a claimant suffers, irrespective of the number of parties accountable for the harms or the number of actions brought.

According to state legislation, the law can only award up to certain limitations, updated annually on July 1st. The damage ceiling increased to $399,430.74 per claimant in 2021.

Proving Liability in an Idaho Wrongful Death Case

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To prove liability in a wrongful death case, the plaintiff must show that the defendant’s negligence was the cause of the death. Your legal team can do this by showing that the negligent party:

• owed the deceased a duty of care;

• the liable party breached that duty; and

• the breach caused the death.

If your loved one’s death resulted from neglectful circumstances, you must talk with a professional wrongful death lawyer to assist you in your legal rights and options. The wrongful death attorneys at The Parker and McConkie law firm have extensive experience handling wrongful death cases. We can help you get the justice and compensation you deserve. Contact us today for a free consultation.

Why Choose Parker & McConkie to Handle Your Idaho Wrongful Death Claim

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Available Round-the-Clock. Our Idaho personal injury law firm will always be there for you when you need us the most. We value our attorney-client relationship; that is why we are accessible both in-person and over the phone. We can gladly come to you if our clients cannot meet in our office.

Focus on Personal Injury Cases. Our attorneys are committed to achieving justice on behalf of injury victims and their families. We concentrate on personal injury cases.

Get Medical Care. Regardless of whether you have health insurance, we can connect you with trustworthy healthcare professionals so you can get the care you need to feel well without paying out of pocket.

• Deal with Insurance Companies. Negotiating with an insurance company is challenging. Allow us to handle this for you. From here, we will proceed.

Free Consultation. Tell us about yourself. We will develop a plan to successfully resolve your case once you schedule a free, no-obligation meeting with one of our attorneys.

Proven Performance. Our clients receive 5-star service from us, which is why we have been so successful at what we do. We have thousands of cases won for our clients and are driven to attain the best outcomes.

No Charges Until We Win. We never collect up-front fees from clients. The Parker & McConkie law firm handles personal injury cases on a contingency fee basis, so you will not have to pay any amount unless your claim is settled.

Trial Lawyers with Experience. Brad Parker and Jim McConkie, two of our founding attorneys, have a combined 40 years of experience successfully handling matters through all stages of litigation, including complicated, high-profile cases.

The wrongful death attorneys at Parker & McConkie have years of experience handling wrongful death claims. They understand your challenges and will work tirelessly to get you the compensation you deserve. Contact Parker & McConkie lawyers today to schedule a free consultation. We will review your case and assist you in your legal options.

Idaho Wrongful Death FAQs

Is wrongful death settlement taxable in Idaho?

Most settlements obtained in wrongful death lawsuits are not taxable, according to the Internal Revenue Service (IRS). However, a portion of the payment can be taxable. Punitive damages the law granted due to the settlement may be subject to taxation. We suggest consulting with a Certified Public Accountant (CPA) to ensure you properly manage a compensation’s finances.

How long does it take to settle a wrongful death case in Idaho?

Every case requires time. Even though many cases are resolved before they go to trial, it can still take one to two years to settle. Legal teams may not completely resolve some wrongful death claims for several years.

Does insurance cover wrongful death?

You might be able to receive compensation from their homeowner’s insurance policy if your wrongful death lawsuit is against a private person. This reimbursement can be possible when an event or incident falls under the policyholder’s general “liabilities” concept.

While many homeowner’s insurance policies cover wrongful death situations, it will depend on that particular policy whether or not wrongful death is covered. It is essential to grasp the potential coverage provided by the insurance plans of the other party and your own. Calling the insurance provider will frequently yield this information, and our wrongful death attorneys may also assist you in compiling this crucial data.

How do I win a wrongful death lawsuit?

You and your lawyer must establish two main elements to succeed in a wrongful death lawsuit. First, you must show that the negligent doings of a liable party brought on your loved one’s death and that the deceased was not to blame. Second, you must prove that the demise of your loved one resulted in quantifiable and needless grief, suffering, and losses.

Contact an Experienced Idaho Wrongful Death Attorney Today for a Free Consultation

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It can be challenging to live with the death of a loved one, especially if you are aware that someone else’s wrongdoing brought it on. Our team of competent lawyers at Parker and McConkie can help you through this trying time. Our Idaho wrongful death attorneys are prepared and willing to exhaust all available legal options to ensure our clients achieve the favorable case outcomes they need.

You don’t have to handle the wrongful death claims procedure by yourself. Our Idaho wrongful death lawyer can help you with this matter. For a free case review, contact us at (801) 877-1493 or fill out our online form. We are committed to your case and will make every effort to obtain the full and just compensation you deserve.

Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!

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