If your family member has been killed in an accident, you may feel confused, angry, and sad. If the death of your loved one was a result of someone else’s negligence, you may qualify for a wrongful death lawsuit. It is, however, not easy to seek damages in your wrongful death lawsuit. It is, therefore, necessary to hire a Boise wrongful death lawyer.
A wrongful death lawyer possesses the experience and skills required to help you succeed. The lawyer can advise on what steps to take next. Your lawyer will negotiate on your behalf. You can leave your lawyer to focus on your claim, so you can focus on the funeral and healing. And your lawyer can help you understand the value of your claim.
Looking for reliable and reputable wrongful death lawyers in Boise, Idaho? If so, then contact us today. Our Boise personal injury attorneys are ready to help you determine if you qualify for a wrongful death lawsuit. If you qualify, we will help you determine the value of your claim. We will do whatever it takes to get you a fair settlement. Contact Boise Personal Injury Lawyers Group to talk to one of our knowledgeable wrongful death attorneys.
How Is Wrongful Death Defined in the State of Idaho?
According to Idaho law, wrongful death occurs when the death of an individual is directly caused by the wrongful or neglectful actions of someone else. In these cases, the personal representative or heir of the dead person can bring a wrongful death lawsuit to court.
Here are some of the possible legal grounds for wrongful death in Idaho:
- Pedestrian accident fatalities.
- Sanitation issues in commercial buildings, such as contaminated food.
- Nursing home neglect or abuse.
- Engineering malpractice or faulty construction.
- Defective products, including faulty appliances, electronics, medical devices, vehicles, and many more.
- Medical malpractice, including medical injury, misdiagnosis, medication errors, surgical errors, etc.
- Criminal actions, such as intentional homicide.
The personal representative and heir are eligible to seek damages from the person, who is responsible for the death. However, they need to hire a wrongful death lawyer to help them determine if they can be considered a personal representative or heir of the dead person.
Once they know they are entitled to seek monetary damages for the wrongful death of the deceased person, the lawyer helps them determine the type of monetary compensation they can receive.
Therefore, if you are not sure if you qualify as the heir or personal representative of the dead person, feel free to contact our lawyers in Boise, Idaho. We will help you evaluate your circumstances.
You, however, need to be related to the dead person in one of the ways below:
- The deceased’s adult children
- The deceased’s minor children
- Parents of the deceased
- The surviving spouse
- The deceased’s personal representative
- The deceased’s heir
- The deceased’s siblings and adopted siblings if they were financially dependent on the deceased
- Other blood relatives who were financially dependent on the deceased
Who Is Qualified to File a Wrongful Death Claim in Idaho?
A personal representative of the state or heir of the dead person is qualified to file a wrongful death claim in Idaho. If a personal representative files a wrongful death claim, any recovery will benefit the heirs.
Heirs can also file a wrongful death claim directly. Heirs, who can file a wrongful death claim, include; the parents, surviving spouse, children, and stepchildren of the dead person.
In fact, here is how the law defines heirs:
- Those entitled to inherit the deceased’s property under Idaho’s Uniform Probate Code
- The deceased’s parents, spouse, children, and stepchildren
- Blood relatives and adoptive sisters and brothers who were financially dependent on the deceased
- In some cases, illegitimate children
What Types of Damages Are Recoverable?
The purpose of the damages in wrongful death claims is to compensate the heirs of the deceased for both financial and non-financial damages. It is essential to understand the types of damages and the period for which these damages are recoverable.
Here are the types of damages that are recoverable:
It is easy to calculate economic damages since they are mostly financial losses. It is easy to quantify them in monetary terms. They mostly come with receipts and bills. Therefore, you can easily add them to know the actual value of your damages.
Economic damages include:
- The funeral and burial expenses of the deceased
- Loss of the services of the deceased to the household
- Loss of benefits or gifts the heirs would have received from the deceased
- Loss of the financial help of the deceased to the heirs.
It is difficult to calculate non-economic damages since they are mostly intangible losses. It is difficult to quantify these damages in monetary terms. It is, therefore, important to hire a Boise wrongful death lawyer. The lawyer can help you calculate the value of these damages.
Non-economic damages include:
- Loss of guidance and training
- Loss of intimate or sexual relations
- Loss of companionship, affection, protection, and moral support
If you do not know the type of compensation you can receive in your wrongful death claim, you will need to talk to your wrongful death claim lawyer. Your attorney can explain all the types of compensation you can receive and how much compensation you can receive.
In fact, hiring a wrongful death claim lawyer increases your chances of getting all the compensation you rightfully deserve. Your lawyer will make sure you get the full settlement. The settlement will cover your damages. In addition, the settlement can help you and your family get back on your feet quickly.
Can the Surviving Family File for Punitive Damages?
In some cases, the surviving family members can file for punitive damages. If the wrongful actions of the responsible party caused the death of the loved one, then the surviving family members can file for punitive damages.
The punitive damages aim is to punish the responsible party. It is to stop the responsible party from repeating the same mistake in the future.
The court awards punitive damages once they find they find wrongful actions of the responsible party caused the death. In addition to punishing the defendant, these damages can compensate the estate and loved ones of the deceased. However, the court rarely awards these damages.
If you need to know if you can file for punitive damages, you need to talk to your wrongful death lawyer. Wrongful death lawyers understand the complicated laws. So, they can guide you on what you can do. You need to do what your lawyer tells you to avoid losing your right to seek compensation.
How Is Negligence Proven in a Wrongful Death Case?
The heir and personal representative must prove negligence in a wrongful death case. If they fail to prove negligence, they can fail to get compensation. That is why we recommend you hire a Boise wrongful death lawyer. Your lawyer can help you prove negligence in your wrongful death case.
Here are the 5 elements used to prove negligence in Boise, Idaho:
Duty of Care
You will need to prove to the court that the responsible party owed the deceased a duty of care in that situation. The responsible party had an obligation or duty to keep the deceased safe and secure.
Breach of Duty of Care
You will need to prove to the court how the responsible party breached the duty of care owed to the deceased. This can be through a specific action or inaction where someone else would have acted appropriately in the same situation.
You will need to prove that the actions or inaction of the responsible party directly caused the death of the deceased person. This is where you need to provide evidence that shows the breach of duty was the direct cause of the death.
You will need to prove that the deceased suffered tangible damages to receive damages from the court. If you can prove that the deceased suffered damages, you will get a financial settlement.
It is, therefore, necessary to hire a wrongful death lawyer. Do spend more time trying to prove the damages. It is much better to let professionals deal with your wrongful death claim. You can trust our Boise wrongful death lawyer to get you what you rightfully deserve.
How Do You Start a Wrongful Death Claim in Idaho?
You will first need to file a wrongful death lawsuit. Here is how you can start a wrongful death in Idaho:
Set Up Estate
You will need to set up the estate in the home county of the deceased or the location where the deceased might have brought a lawsuit if they were still alive. You will need to file a wrongful death lawsuit within two years of the death of your loved one.
If you do not file within two years, you can lose your right to seek monetary damages for the wrongful death of your loved one.
You will need to hire a wrongful death lawyer to help you with the investigations. Your lawyer will check the facts and circumstances surrounding the death of your loved one. In fact, having a lawyer ensures you do not miss anything. The lawyer can use their experience to conduct the investigations.
Notify Liable Parties
Once you determine the responsible party, you can contact the at-fault party to inform them of your intentions to bring a wrongful death lawsuit against them.
Once you contact the at-fault, they can approach you since they want to settle out of court. Do not negotiate with the insurance company on your own. They can lowball the offer since they hate paying huge settlements. Your lawyer can, therefore, handle the settlement negotiations on your behalf.
File Your Claim
If your lawyer cannot reach an agreement with the insurance company of the at-fault party, your lawyer can file a wrongful death claim. Wrongful death lawyers are not afraid to take cases to court. Therefore, you can trust them to take your case to court and get you what you rightfully deserve.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim determines the full value of the life of the deceased person. The surviving family of the deceased files a wrongful death claim. They file a wrongful death claim to seek monetary damages related to both the intangible and financial value of the deceased.
An estate claim helps to relieve financial losses the estate or surviving family sustained because of the death of the deceased person. The estate or surviving family files an estate claim. They file an estate claim to recover any losses the estate suffered because of the death of the deceased person.
Contact Our Trusted Boise Wrongful Death Lawyers Today!
It is difficult to deal with the death of a family member. If you just lost one of your family members, it can take you and your family time to completely recover from the untimely. If the death of your family members was due to malpractice, negligence, or inaction of someone else, you can seek monetary damages for the wrongful death.
It is, however, difficult to get the monetary damages from the insurance of the responsible party. If you do not have a wrongful death lawyer by your side, you are more likely to lose your case. We highly encourage you to hire a wrongful death lawyer. The lawyer can protect your rights.
A lawyer can help you seek full compensation. The lawyer can give you more time to grieve your loved one since you do not have to focus on your case. In fact, you may not have to pay your lawyer until they win your case. If they cannot get you compensation, you do not pay them.
If you just lost your loved one in Boise, Idaho, you will need to hire a reputable Boise wrongful death lawyer. At Boise Personal Injury Lawyers Group, we have a group of aggressive wrongful death lawyers who are ready to help you. We will fight for your rights to secure justice for your loved one. We will make sure your family is taken care of. Contact us at (208) 793-6272 today. We are ready to help you.