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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 survivors of the victim face crushing loss combined with financial and legal burdens – until justice brings some closure.
The Idaho wrongful death attorneys at Sargent Law advocate for grieving families during vulnerable times. Our firm pursues accountability and compensation for clients statewide after preventable deadly incidents.
Call today to schedule a free session, or visit our website to request a case review from our legal team. Let us stand by your side while you grieve and rebuild from a tragedy not of your making. You deserve answers and justice. Call 844-SARGENT or fill out our online contact form to get started.
Every Idaho Wrongful Death Claim 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 – warranting an individualized legal strategy:
- The inherent individuality of the decedents – 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 one-size-fits-all means.
- Circumstantial causation factors of the accident – Your wrongful death lawyer will unravel the root causes of fatal accidents, whether a vehicle accident, hazardous property conditions, or another type of accident caused 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 complex legal doctrines that determine the proportion of fault between the defendant and the deceased when fault is shared.
In a field defined by putting value on human life and relationship losses, Idaho personal injury lawyers understand that these claims require personalization to show the full impact of how the loss of your loved one has affected your family.
Who Can File a Wrongful Death Lawsuit in Idaho?
In Idaho, the following parties may be able to file a wrongful death lawsuit if they meet certain eligibility criteria:
- 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.
- Estate personal representative – Even without any direct statutory beneficiaries as per above, Idaho permits the court-appointed estate administrator to initiate wrongful death claims.
It is wise for all potential wrongful death claimants or their advocates to speak with an Idaho wrongful death attorney shortly after tragic loss. We can help you understand your legal options to pursue justice during this difficult time.
What Is the Burden of Proof for Wrongful Death?
To prevail in an Idaho wrongful death lawsuit, the burden of proof lies with the plaintiffs’ counsel, who represents the victim’s surviving family members. Attorneys must demonstrate the defendant’s legal liability in causing the death by meeting each aspect of the critical elements of a wrongful death claim for the court to award damages. These include:
Duty of Care
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
Strong evidence through expert analysis, police reports, eyewitness testimony, etc., must confirm the at-fault party failed or violated these legally defined duties through their negligent actions (or lack thereof).
Causation
Irrefutable facts must demonstrate that the identified negligent conduct in breach of set duties was the primary and proximate cause 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
Grief itself offers no inherent financial value in civil proceedings. So, attorneys must meticulously substantiate realistic present monetary damages covering impacts like medical costs, funeral expenses, loss of financial support, and other tangible 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.
Is Wrongful Death the Same as Negligence?
No, 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.
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Schedule NowWhat Is 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, the window to pursue financial compensation or hold responsible parties legally accountable expires after the two-year mark.
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, obtaining all documentation to substantiate your damages. Call Sargent Law at 844-SARGENT or fill out our online contact form to learn more.
What Can You Get Compensation for in an Idaho Wrongful Death Claim?
Here are the main categories of damages that can potentially be pursued in an Idaho wrongful death claim:
- Funeral & burial costs – Compensates loved ones for expenses related to funeral services, mortuary transportation, cremation costs, burial plot, headstone marker, and final arrangements.
- Loss of financial support – Accounts for loss of current and future earnings that the deceased would have contributed to beneficiaries over the remainder of their career.
- Loss of household services – Compensates for the value of domestic services performed by the deceased, like childcare, transportation, cleaning, cooking, and home repairs that you now must hire others to perform.
- Pre-death medical and ambulance costs – Compensates survivors for medical expenses related to the accident that the victim incurred before death.
- Loss of love, guidance, and companionship – Attempts to quantify the painful emotional loss of nurturing, advice, and positive daily interactions.
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 make in the future as you cope with your loss easier.
What to Expect When You Hire Our Idaho Wrongful Death Lawyers
If you hire the Idaho wrongful death lawyers at Sargent Law 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 agents 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.
It’s free to speak with us and learn the value of your case today.
Call Us NowSchedule a Free Consultation With an Idaho Wrongful Death Lawyer
Contact Sargent Law for a free consultation to explore your 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 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 at 844-SARGENT or contact us via our online contact form to begin your road to recovery with the compensation you need.
