Losing a treasured family member can be emotionally devastating. The loss can be especially traumatic when their death is unexpected. If someone else’s negligent or wrongful actions were the cause of your relative’s death, you may have an opportunity to hold them accountable to the fullest extent of the law.
While the criminal courts will determine whether the liable party should face criminal charges, you can take action by contacting a top-rated Boise wrongful death lawyer from Siegfried & Jensen. Since 1990, our Boise, ID, personal injury lawyers have advocated for families in mourning. Contact our office to request a free consultation today to learn more about how we could help your family demand justice for your loved one’s untimely death.
The Liable Party Should Be Held Accountable to the Fullest Extent of the Law
Filing a wrongful death claim may be your best option if you hope to ensure the at-fault party is brought to justice. Per Idaho Statutes § 5-311, you may be able to file a wrongful death action against the individual or entity responsible for causing your loved one’s death. Some of the different types of accidents and incidents that may warrant a wrongful death claim include:
- Intentional injuries, including assault or murder
- Medical malpractice
- Car accidents, including wrong-way car crashes
- Work injuries
- Slip and fall accidents
- Sports-related accidents
- Construction accidents
Our team at Siegfried & Jensen has extensive experience helping families cope with wrongful deaths and can help you sue for wrongful death after a car accident, medical malpractice, or other type of fatal accident. Some of our most notable and recent wins include a nearly $2.5 million wrongful death settlement, a $5 million construction accident settlement, and a workplace injury involving a subcontractor valued at $3 million.
No amount of money will bring back your loved one, but accessing the financial compensation your family is entitled to gives you the opportunity to cover outstanding expenses, avoid financial ruin, and celebrate your loved one’s life without feelings of anger or frustration.
For a free legal consultation with a wrongful death lawyer serving Boise, call (801) 266-0999
Do I Have to File a Wrongful Death Lawsuit Right Away?
You do not have to file your wrongful death lawsuit right away, but your Boise wrongful death attorney will need to get started on your claim before the statute of limitations expires.
Generally, this means you will have as much as two years from the date of the decedent‘s death to file your claim as described under Idaho Statutes § 5-219(4). Typically, if you miss this deadline, you will lose the right to move forward with your case in court.
Boise Wrongful Death Lawyer Near Me (801) 266-0999
Who Has the Responsibility of Filing a Wrongful Death Lawsuit in Boise?
You might be anxious to move forward with your wrongful death claim, but you may not have the authority to do so. Generally, as described under Idaho Statutes § 15-1-201, only certain parties have the right to file the claim, including the decedent’s personal representative or executor of their estate. However, other parties may also have the right to file the wrongful death claim, including:
- The decedent’s surviving spouse
- The decedent’s surviving children or stepchildren
- The decedent’s surviving parents
- Heirs of the decedent’s estate per Idaho Statutes § 15-1-201
Additional parties who were dependent on the decedent for services or financial support have the right to file a wrongful death lawsuit. This might include anyone related to the decedent by blood or adoption. The descendant’s putative spouse, or someone who believed in good faith that they were married to the decedent, may also have the right to file a claim, even if the marriage was never legally binding.
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What is the Burden of Proof in Wrongful Death Lawsuits?
The burden of proof and wrongful death actions is based on a preponderance of the evidence per Idaho Rules of Evidence (I.R.E.) 301. This is unlike the burden of proof in the Idaho criminal justice system, which requires guilt to be proven beyond a reasonable doubt, as described under Idaho Infraction Rule 7(e).
Instead, as long as we present clear and convincing evidence that the defendant is likely responsible for causing your loved one’s fatal injuries, the jury can find them liable for your loved one’s death.
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What Types of Damages Can Be Awarded in a Wrongful Death Action?
A wide variety of damages can be awarded in a wrongful death claim. There are two primary types of damages typically awarded, including economic and non-economic damages. Economic damages include all monetary losses, such as the decedent’s funeral and burial expenses, medical bills, and the financial support they provided to their family.
However, non-economic damages are a little more difficult to quantify because they do not have a fixed financial worth. Your Boise catastrophic injury lawyer will need to evaluate the impact of these non-economic damages to determine how much we should sue for. Some examples of such damages include emotional distress, pain and suffering, loss of consortium, and loss of society or advice.
Per Idaho Statutes § 6-1603, there is a cap on the amount of compensation that can be awarded in a wrongful death claim. The amount is updated annually. As of 2024, the damage cap for economic damages in Idaho wrongful death actions is over $450,000.
Get Help from a Reputable Wrongful Death Lawyer in Boise for Help Today
Your loved one’s life should be celebrated regardless of the circumstances of their passing. A successful wrongful death action against the liable party could be a great way to honor your cherished family member and lay them to rest after you get them the justice they deserve. Although your family is grieving, the sooner you get started, the greater your chances of recovering maximum compensation may be.
Even if the defendant does not face charges in criminal court, by taking action in civil court, you are doing everything in your power to make the at-fault party pay.
Consider every possible option for justice when you consult your compassionate wrongful death attorney in Boise, ID, from Siegfried & Jensen. You can get started on your case as soon as today when you call our office or complete our confidential contact form to schedule your free consultation.
Call or text (801) 266-0999 or complete a Free Case Evaluation form