State wrongful death guide
Idaho Wrongful Death Law Guide
Idaho wrongful death claims are generally filed within two years and may be brought by heirs or the estate, with damages for financial losses and the loss of a loved one’s care and companionship.
Quick facts for Idaho
- Who can file: In Idaho, a wrongful death claim may be brought by the decedent’s heirs or by the personal representative of the estate, for the benefit of all qualifying heirs.
- Deadline to file: Most Idaho wrongful death actions must be filed within two years of the date of death.
- Key statute: Idaho Code § 5-311; see also § 5-219 and § 6-1603
Types of compensation families may pursue
- Medical expenses related to the final injury or illness
- Funeral and burial or cremation costs
- Loss of the decedent’s expected earnings and benefits
- Loss of household services and support
- Loss of care, comfort, companionship, and society
- Decedent’s pre-death pain and suffering
- Punitive damages in limited circumstances
Idaho caps most noneconomic damages in personal injury and wrongful death cases under Idaho Code § 6-1603, with the cap adjusted annually for inflation. Economic damages like medical bills and lost income are not capped.
Idaho wrongful death law: a guide for grieving families
Losing someone suddenly in an avoidable incident is overwhelming. Idaho’s wrongful death laws are meant to give families a way to seek accountability and some financial stability during an already chaotic time. This guide walks through the basics in clear, human language so you don’t have to decode legalese on your own.
1. What is “wrongful death” in Idaho?
Under Idaho law, a wrongful death occurs when a person’s death is caused by the wrongful act or neglect of someone else, and the person could have brought a personal injury claim if they had survived.
Common examples include:
- Car, truck, or motorcycle crashes
- Medical negligence
- Dangerous property or premises conditions
- Defective products
- Certain workplace incidents involving third parties
The wrongful death claim focuses on the losses suffered by the surviving family members and heirs because of the death.
2. Who can file a wrongful death claim in Idaho?
Idaho gives the right to bring a wrongful death claim to:
- The decedent’s heirs, which may include:
- Surviving spouse
- Children (including adopted children and, in some situations, stepchildren)
- Parents (especially if there is no surviving spouse or children, or if the decedent was a minor)
- Other relatives who would inherit under Idaho intestacy law
- The personal representative (executor) of the estate, acting on behalf of all beneficiaries
Whoever actually files the lawsuit does so for the benefit of all qualifying heirs, not just for themselves.
3. What damages are available in an Idaho wrongful death case?
Idaho recognizes that a wrongful death creates both financial and emotional harm.
Economic losses may include:
- Medical bills related to the final injury or illness
- Funeral and burial or cremation costs
- Lost wages and benefits the decedent would likely have provided
- Loss of household services (childcare, home maintenance, caregiving, and similar support)
Noneconomic losses may include:
- Loss of the decedent’s care, comfort, companionship, and society
- Emotional suffering and grief experienced by the heirs
In addition, the estate may pursue damages for:
- The decedent’s conscious pain and suffering before death
- Certain financial losses tied directly to the injury prior to death
In rare cases involving extreme misconduct, punitive damages may be available, but they are tightly controlled and not awarded in ordinary negligence cases.
4. Idaho damage caps
Idaho law places a statutory cap on most noneconomic damages in personal injury and wrongful death cases. The cap amount is adjusted for inflation each year. Economic damages (such as medical bills and lost income) are not capped.
There are limited exceptions to the noneconomic damage cap in specific situations (for example, some intentional or criminal conduct). Because these rules are technical, families often speak with a lawyer to understand how caps might apply to their case.
5. Filing deadlines in Idaho
Most Idaho wrongful death claims must be filed:
- Within two years of the date of death
Missing this deadline typically means the claim cannot go forward, no matter how serious the underlying facts may be.
Because different time limits can apply in specialized situations (for example, claims involving government entities or medical malpractice), it is important not to wait to get legal advice.
6. How wrongful death and estate claims fit together
Idaho’s structure can be confusing because:
- Wrongful death damages are brought for the benefit of heirs, and
- Other damages, such as the decedent’s own pain and suffering, may belong to the estate through a separate but related claim.
In practice, families often see this as one combined case, even though multiple legal theories may be involved.
7. Taking next steps
Nothing in this guide requires you to make quick decisions. But it can help to:
- Gather important documents (death certificate, accident reports, medical records)
- Write down a timeline of events while memories are fresher
- Speak with an attorney who handles wrongful death cases in Idaho
Disclaimer
This guide is for general information only and is not legal advice. Every case is different, and you should talk with a licensed Idaho attorney about your specific situation.