Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. At Kluksdal Law, we are dedicated to protecting the rights of families who have suffered such tragic and preventable losses in Boise and throughout Idaho. If another party’s careless actions led to the death of your family member, you have the right to seek justice and financial compensation.
A wrongful death claim allows surviving family members to recover damages for:
Whether your loved one’s passing was caused by a car accident, medical malpractice, workplace incident, defective product, or another act of negligence, our experienced wrongful death attorneys in Boise, ID will fight to hold the responsible parties accountable.
Losing a loved one due to someone else’s negligence or misconduct is a devastating and life-altering event. At Kluksdal Law, we are committed to fighting for families who have suffered such tragic losses. Our mission is to ensure that surviving family members receive justice and the financial compensation they deserve.
At Kluksdal Law, we do more than just provide legal representation—we investigate cases thoroughly, gather critical evidence, develop strong legal strategies, negotiate with insurance companies, and, when necessary, aggressively advocate in court. Our goal is to hold negligent parties accountable while guiding families through the legal process with skill and compassion.
In Idaho, a wrongful death claim allows surviving family members to seek compensation when a loved one’s passing is caused by negligence, recklessness, or intentional misconduct. These claims often arise from:
Compassionate and Aggressive Advocacy
We understand the emotional pain and financial stress that come with losing a loved one. Our attorneys provide compassionate support while aggressively pursuing justice and accountability.
Honest and Transparent Legal Guidance
At Kluksdal Law, we prioritize honesty, integrity, and clear communication. From the moment you reach out, we provide realistic expectations about your case, including potential challenges, timelines, and outcomes. We keep you informed every step of the way.
Maximizing Your Compensation
Wrongful death cases often involve complex legal and financial issues. Our attorneys are dedicated to securing the maximum compensation possible to help ease the financial burden caused by your loved one’s passing.
If you have lost a loved one due to someone else’s negligence, trust Kluksdal Law to provide the skilled legal representation and compassionate support your family needs. Contact us today for a free consultation, and let us help you seek justice and financial recovery.
At Kluksdal Law Firm, we understand that losing a loved one due to someone else’s negligence is a devastating experience. Navigating a wrongful death claim can feel overwhelming, especially when dealing with medical bills, insurance companies, and complex legal procedures.
To provide clarity, we’ve compiled answers to some of the most frequently asked questions about wrongful death claims. Whether you’re wondering about the legal process, potential compensation, or how our attorneys can assist you, our FAQ section is designed to offer guidance and peace of mind.
A wrongful death claim is a civil lawsuit filed when someone dies due to another party’s negligence, recklessness, or intentional misconduct. Under Idaho Code § 5-311, this legal action allows surviving family members to seek financial compensation from the responsible party.
Unlike criminal prosecutions where the state pursues justice against offenders, wrongful death claims are civil matters initiated by the deceased person’s loved ones. The burden of proof also differs significantly—criminal cases require evidence “beyond a reasonable doubt,” while wrongful death claims only require proving liability “by a preponderance of the evidence,” meaning it’s more likely than not that the defendant caused the death.
To prevail in an Idaho wrongful death lawsuit, families must establish four essential elements: the defendant owed a duty of care to the deceased, the defendant breached that duty through action or inaction, the breach directly caused the death, and the surviving family members suffered measurable damages as a result. An experienced wrongful death attorney can help gather evidence, identify all liable parties, and pursue maximum compensation on behalf of the grieving family.
Idaho law limits wrongful death claims to specific individuals with direct relationships to the deceased. Eligible parties include the surviving spouse, children, stepchildren, parents, personal representative of the estate, and dependent blood relatives or adoptive siblings.
Under Idaho Code § 5-311, “heirs” are defined as those persons legally entitled to inherit from the deceased under Idaho’s intestate succession laws. This typically includes immediate family members who would receive property if the deceased died without a will. The personal representative—also called the executor if a will exists—may file on behalf of the estate when coordinating claims among multiple beneficiaries or when no individual family members come forward.
When multiple eligible parties exist, such as a surviving spouse and adult children, they may file together or designate one person to file on everyone’s behalf. Any settlement or verdict recovered is then distributed among eligible family members according to Idaho law or the terms of the deceased’s will. If disputes arise among potential claimants regarding distribution, the court can intervene to ensure fair allocation of compensation.
Any death caused by another party’s negligent, reckless, or intentional conduct may qualify as wrongful death. Common cases include fatal car accidents, medical malpractice, workplace incidents, defective products, premises liability, and acts of violence.
Motor vehicle collisions represent one of the most frequent sources of wrongful death litigation in Idaho, particularly when drivers engage in dangerous behaviors like speeding, drunk driving, or distracted driving. Commercial truck accidents often result in wrongful death claims due to the catastrophic damage large vehicles cause and the potential liability of trucking companies for inadequate driver training, improper maintenance, or hours-of-service violations.
Medical malpractice wrongful death cases arise when healthcare providers fail to meet accepted standards of care, resulting in patient death. Examples include surgical errors, misdiagnosis, delayed treatment, medication mistakes, and birth injuries. Workplace fatalities may support wrongful death claims when employer negligence or third-party actions contribute to the death beyond standard workers’ compensation coverage. Product liability deaths involve defective or unreasonably dangerous products that cause fatal injuries, holding manufacturers, distributors, and retailers accountable for unsafe items reaching consumers.
Idaho wrongful death damages include both economic and non-economic compensation. Economic damages cover medical bills, funeral costs, and lost income, while non-economic damages compensate for loss of companionship and consortium.
Economic damages are calculated based on tangible financial losses the family experiences due to the death. This includes medical expenses incurred before death, funeral and burial costs, the deceased’s lost future earnings and employment benefits, and the monetary value of household services the deceased would have provided such as lawn care, home maintenance, and childcare. Idaho places no cap on economic damages, meaning families can recover the full documented amount of their financial losses.
Non-economic damages address the emotional and relational harm families suffer when losing a loved one. Idaho permits compensation for loss of the deceased’s society, companionship, comfort, care, guidance, and advice. Surviving spouses may also recover for loss of the conjugal relationship. However, Idaho imposes a statutory cap on non-economic damages that adjusts annually for inflation—currently around $500,000 in medical malpractice cases. Importantly, Idaho does not allow recovery for the family’s grief or sorrow, nor for the deceased’s pre-death pain and suffering in wrongful death actions.
Idaho enforces a strict two-year statute of limitations for wrongful death claims under Idaho Code § 5-219. This deadline begins on the date of death, and missing it typically bars families from pursuing compensation permanently.
The two-year filing window applies to most wrongful death cases, but important exceptions exist. If the cause of death wasn’t immediately apparent—such as when an autopsy or investigation later reveals negligence or a defective product—the statute of limitations may begin when the family reasonably discovered the wrongful act rather than the actual date of death. However, families should never assume an exception applies without first consulting a qualified attorney.
Claims against government entities face significantly shorter deadlines under the Idaho Tort Claims Act. If a city vehicle, state employee, or public property contributed to the death, families must file a formal notice of claim within 180 days. Failing to meet this preliminary requirement can permanently eliminate the right to sue the government entity. Given these strict timelines and the complexity of gathering evidence while grieving, families should contact an Idaho wrongful death attorney immediately after a loss to protect their legal rights and ensure all critical deadlines are met.
