Idaho Wrongful Death Attorney

Losing a loved one unexpectedly in a tragic accident brings overwhelming grief no one anticipates or feels prepared to handle. When negligence takes a life, the victim’s family faces a crushing loss combined with financial and legal burdens — until justice can bring them some closure.

The Idaho wrongful death attorneys at Sargent Law Firm Injury Lawyers advocate for grieving families during these vulnerable times. Our law firm pursues accountability and compensation for clients statewide after preventable deadly incidents.

Call today or visit our website for a free consultation with our legal team. Let our Idaho personal injury lawyers stand by your side while you grieve and rebuild from a tragedy not of your making. You deserve answers and justice. Contact us to get started.

What to Expect When You Hire Our Idaho Wrongful Death Lawyers

If you hire the Idaho wrongful death lawyers at Sargent Law Firm Injury Lawyers for your case, you can expect three things:

• Proactive communication about your case, 24/7
• Scheduled updates on your case
• Aggressive representation

Our lawyers aggressively dig for proof showing responsibility. We make sense of your evidence to prove how this senseless death has affected your life and future. If the insurance adjusters won’t agree to the fair compensation you deserve, we aren’t afraid to take them to court. Justice can bring you closure and a path beyond grief.

Your Idaho Wrongful Death Case Is Unique

When it comes to wrongful death claims in Idaho, no two cases are alike; therefore, the outcome and the amount of compensation will be different. Here are some key reasons why every Idaho wrongful death case proves unique and warrants an individualized legal strategy:

• The Inherent Individuality of the Deceased: No two victims share identical vocations, financial status, family dynamics, or projected lifespan trajectories. Quantifying losses involves the victim’s age, relationships, and likely career advancement rather than a one-size-fits-all means.
• The Causal Factors of the Accident: Your wrongful death lawyer will unravel the root causes of your loved one’s fatal accident, whether the cause be a vehicle accident, hazardous property conditions, or another type of accident that led to the death.
• The Sources and Structure of Compensation: Depending on the cause of the fatal accident, you may file a civil negligence lawsuit, a workers’ compensation claim, or seek compensation from third-party liability policies.
• The Intricacies of Liability: Fault in wrongful death claims is determined via the complex legal doctrines of comparative negligence. Your attorney will be responsible for determining the proportion of fault shared between the defendant and the deceased and ensuring your loved one is not assigned a greater degree of blame than deserved.

In a field defined by putting value on the loss of human life and relationships, our Idaho personal injury lawyers understand how to show the full impact the loss of your loved one has on your family.

Compensation in an Idaho Wrongful Death Claim

As the family, you may be eligible to receive compensation for the loss of your loved one. The following is a list of the most common types of damages that could potentially be pursued in an Idaho wrongful death claim. This list is not exhaustive, and there may be other damages unique to your case that we can pursue for you:

• Funeral expenses, burial costs, and cremation services: You may demand compensation that covers expenses related to the final wishes of your loved one, such as funeral services, mortuary transportation, cremation costs, burial plot, headstone marker, and final arrangements.
• Loss of financial support: This form of damage accounts for the loss of current and future earnings your loved one would have contributed to the beneficiaries over the remainder of their career.
• Loss of household services: Your loved one provided aid in and around your home, such as childcare, transportation, cleaning, cooking, and home repairs. You may demand compensation to pay for those services you now must hire others to perform.
• Pre-death medical and ambulance costs: As the survivors of the decedent, you could collect compensation for medical expenses related to the accident that your loved one incurred before death.
• Loss of love, guidance, and companionship: This loss attempts to quantify the painful emotional loss of nurturing, advice, and positive daily interactions that are now absent after the death of your loved one.
• Punitive damages: In rare cases, the family may receive punitive damages. These damages are only awarded by a judge or jury when the defendant’s actions have been egregious. These damages act as punishment to the defendant and a warning to others.

While no dollar amount can ever offset your profound grief after a sudden and unexpected death, receiving compensation can help make the significant adjustments you will need in the future as you cope with your loss.

Filing a Wrongful Death Lawsuit in Idaho

Idaho permits the court-appointed estate administrator to initiate wrongful death claims. The following parties may be able to file a wrongful death lawsuit if they are named the estate’s representative:

• The spouse of the deceased: A surviving husband or wife often has the strongest claim related to loss of companionship, financial support, affection, and household contributions when their partner dies unexpectedly due to negligence.
• The children of the deceased: Minor children as well as some dependent adult children also may file suit or join ongoing claims. Damages center around the loss of parental direction, emotional development support, and expected financial provisions deceased parents can no longer offer growing children.
• Other dependents: In some situations, elderly parents who substantially depend on their children for routine financial aid, decision-making guidance, and everyday caretaking may potentially step forward with legal action. The extent of documentable dependency factors heavily here.

It is wise for all potential wrongful death claimants or their advocates to speak with an Idaho wrongful death attorney shortly after a tragic loss. We can help you understand your legal options to pursue fair compensation during this difficult time.

It’s free to speak with us and learn the value of your case today.

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Burden of Proof for Wrongful Death

To prevail in an Idaho wrongful death lawsuit, the burden of proof lies with the plaintiff. Plaintiffs and their attorneys must demonstrate the defendant’s legal liability. They must show how the defendant’s actions caused the death. This is done by meeting each critical element of a wrongful death claim for the court to award damages.

These critical elements include the following:

Duty of Care

This is the legal relationship between the defendant and the decedent. The defendant had a legal obligation to adhere to specific safety duties and reasonable standards of conduct established under Idaho laws or case precedents protecting our civil rights.

Breach of Duty

This is the moment when the defendant deviated from the accepted norm or violated the law. Strong evidence through expert analysis, police reports, eyewitness testimony, etc., must confirm the at-fault party failed or violated the legally defined duties through their negligent actions (or lack thereof).

Causation

This is the result of the defendant’s actions or inactions. Irrefutable facts must demonstrate that the identified negligent conduct was the primary and proximate cause of the accident. The defendant’s action or inaction was directly responsible for triggering the sequence of events that brought about the innocent victim’s ensuing wrongful death. If intervening factors exist, those must be ruled out or mitigated.

Quantifiable Damages

These are the financial and emotional losses the family experienced. Attorneys must meticulously substantiate monetary damages covering impacts like medical costs, funeral expenses, loss of financial support, and other assistance the now-deceased victim can no longer provide to the dependent claimants.

Without confirming each component proving wrongful death liability, a claim lacks sufficient legal grounds for compensation.

Evidence Is Crucial in a Wrongful Death Case

To prove those four elements, though, requires evidence. We will handle the investigation into your loved one’s accident and collect the necessary evidence. The evidence in your case will be unique to the type of accident and the circumstances related to it. However, certain types of evidence are frequently gathered.

The evidence we may collect in your loved one’s wrongful death claim may include the following:

• Medical records, including the death certificate
• Accident report from an owner or manager or a police report
• Photos of the accident scene, unique conditions, and your injuries
• Video from traffic cams, business surveillance, or personal cell phones
• Witness statements who can present information from a different angle
• Expert testimony from doctors, financial advisors, and reconstruction specialists
• Financial records of the decedent’s income and contributions
• Physical evidence from the accident scene

Call Sargent Law Firm Injury Lawyers today for a free case consultation.

Wrongful Death Is Not the Same as Negligence

Wrongful death and negligence are related legal concepts, but they have some distinct differences:

Negligence refers to conduct by an individual or entity that falls below the reasonable standard of care they have a duty to uphold, subsequently causing foreseeable harm to another person or group. Negligence claims do not necessarily involve a fatality.

Wrongful death refers specifically to a civil lawsuit brought by surviving family members on behalf of someone killed due to a proven act of negligence or misconduct that was perpetrated by a defendant. These claims seek compensation for losses that occur due to the death itself.

Not all negligence leads to death, but a wrongful death claim does require showing negligent actions or intentional harm that specifically caused the premature demise of the victim. Idaho wrongful death attorneys must demonstrate how the negligent actions of the defendant directly resulted in the deceased’s fatal injuries.

Accidents That Can Result in Wrongful Death

Our law firm handles a wide range of accident cases, each of which could lead to a wrongful death case. We can manage such wrongful death accident cases as the following:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Premises liability
• Slip and falls
• Construction accidents

If you lost a loved one in an accident not listed here, we would still like to hear from you. Our legal team can listen to your case during a free case consultation and provide you with information on your legal options.

If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.

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The Time Limit to File a Wrongful Death Claim in Idaho

According to Idaho Statutes § 5-219, the statute of limitations to file a wrongful death lawsuit is generally two years from the date of death. This means surviving family members, in most cases, will have up to two years from the date their loved one passed away to formally file a civil complaint.

Unfortunately, you will lose your right to hold the accountable party responsible if you let the statute of limitations on your wrongful death case expire. The courts will bar your case, and the insurance companies will have no reason to negotiate with your family without the threat of a lawsuit.

It’s a good idea to contact an Idaho wrongful death attorney much earlier in the timeline rather than waiting until close to the deadline. This enables us to thoroughly investigate liability factors, send spoliation letters to preserve evidence, interview witnesses while memories are fresh, and obtain all documentation to substantiate your damages. Call Sargent Law Firm Injury Lawyers or fill out our online contact form to learn more.

We Do Not Want to Add to Your Financial Stress

At Sargent Law Firm Injury Lawyers, we understand the hardships you and your family are facing. We do not want to add to that, which is why we provide free case consultations and work on contingency.

Under a contingency fee agreement, you pay nothing up front for our legal services. We manage your case and allow you to spend time with your family. We will only receive payment for our services if we collect compensation for you. Our attorney fees are a preapproved percentage of your settlement or court award.

Call for a Free Consultation With Our Idaho Wrongful Death Team

Contact Sargent Law Firm Injury Lawyers for a free consultation to explore your legal options and rights after the loss of a loved one in a preventable accident. Our Idaho wrongful death lawyers know how to compassionately yet tenaciously investigate accidents, substantiate damages, and build strong claims so families can gain the means to move ahead and honor those lost too soon.

We are ready to customize a strategy for your wrongful death claim based on your unique circumstances. Call our team or contact us via our online contact form to begin your road to recovery with the compensation you need.