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Can you pursue a wrongful death claim?

On Behalf of | Feb 4, 2022 | Firm News

When a loved one dies suddenly due to an accident, you face many emotions, including anger. If the catastrophic event stems from a company’s failure to provide active safety, the business may be liable for the incident.

You have the right to seek a wrongful death claim if negligence is at the root of your misfortune.

How does Idaho define wrongful death?

State laws identify death as “wrongful” when someone dies due to another person or entity’s carelessness. Incidents may include:

  • Medical malpractice
  • Criminal acts
  • Motor vehicle accidents
  • Nursing home neglect or abuse
  • Work-related accidents

Who can file a wrongful death lawsuit?

Idaho allows the following parties to pursue this type of legal action:

  • Spouses
  • Children
  • Direct dependents
  • Parents where there is no spouse or children
  • Personal estate representatives

How do you prove your case?

A court grants damages if you can successfully prove that someone is directly responsible for your family member’s death. It is crucial to understand the laws and court procedures to present your case well. You must show that negligent or reckless actions caused the incident in question. In addition, it is vital to demonstrate how the defendant breached its duty of care to the deceased.

What type of damages do courts award?

In Idaho, courts award damages directly to the person filing the lawsuit. The state does not limit monetary amounts in these situations. Compensation can cover expenses, such as:

  • Funeral and burial costs
  • Medical and hospital bills
  • Income and financial support loss
  • Potential earnings loss
  • Household services loss
  • Loss of  companionship, guidance and society

If you lose a loved one because of another party’s negligence, you may have an actionable claim under the law. Pursuing a wrongful death lawsuit with sufficient evidence can help your family get the compensation they deserve.