What is the wrongful death statute of limitations in Idaho? The statute of limitations for a wrongful death case in Idaho is typically two years.
However, some cases may have more or less than that. To fully understand how the statute of limitations affects your case, you may want to speak with a Boise wrongful death lawyer.
The Wrongful Death Statute of Limitations in Idaho is More Than Just a Waiting Period
While the two-year wrongful death statute of limitations in Idaho does allow you time to decide whether to pursue compensation, it is also a critical period to build your case before you must file a lawsuit.
The more time our wrongful death attorney has to prepare your case and handle negotiations, the more opportunities we have to protect your recovery.
Investigation
One of the first steps to building a strong wrongful death case is investigating the death and gathering evidence. To successfully establish the other party’s negligence, you must collect evidence to show that the responsible party had some duty of care to your loved one, that they breached that duty, and that their breach of duty resulted in your loved one’s death.
Negotiations
In many wrongful death cases, negotiations take up much of the total time in your case. This process involves a back-and-forth exchange between your attorney and the insurance company, during which they evaluate your evidence and determine if and how much they will pay out. They may request additional evidence or send multiple counteroffers.
Successful negotiation is what may prevent you from needing to file a formal lawsuit, as it allows you to agree on fair terms without taking the case to a judge. If you wait to begin this process, they may not take you as seriously and rely on the end of that statute of limitations to pressure you into accepting a lower offer than you deserve.
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Idaho Wrongful Death Laws and Statute of Limitations Can Be Complicated
In Idaho, there are two types of situations in which you may want to file a wrongful death claim, which may affect how you pursue your case and what experience your attorney should have. For example, if your loved one died as a result of negligence from a medical provider, you may need to consider an attorney with experience handling wrongful death resulting from medical negligence.
Additionally, if your loss was not the result of medical negligence or malpractice, the case will look much more like a typical personal injury case. According to Idaho statute 5-311, the heir or personal representative of the decedent’s estate may pursue damages for wrongful death when it was the result of a wrongful or negligent act of another.
Generally speaking, Idaho statute 5-219 states you must file your action within two years from the date of passing. However, you may have less time if the claim is against a government entity, which may allow as few as 180 days to take legal action. Whether the death was due to common errors made by physicians and hospitals or someone else’s reckless behavior, quickly consulting an attorney is critical.
There are Several Factors to Consider Regarding the Statute of Limitations in a Wrongful Death Claim
It is typically safest to assume that you have little time to file a lawsuit before speaking with a lawyer. However, you may have longer than you think. Idaho recognizes several circumstances in which it may be appropriate to extend or delay the wrongful death statute of limitations. Don’t miss your chance to pursue justice and accountability because you didn’t know all your options.
Tolling
Tolling regarding the statute of limitations is essentially considered a pause on the ticking clock. There are several reasons this might happen, including the court’s discretion. Some states may toll if the responsible party is in active military deployment, or if the eligible party dies. To determine whether any of these circumstances affect your statute of limitations in Idaho, our team at Siegfried & Jensen is ready to help.
The Discovery Rule
In some circumstances, the connection between your loved one’s passing and a negligent action may not be immediately evident. Therefore, you may face a slightly extended period to file a complaint based on when you did or should have discovered that the death may have been the result of negligence or willful conduct.
Disabilities and Minors
According to Idaho statutes, Title 5, Chapter 2, other than for the recovery of real property, if the person entitled to bring an action for wrongful death is either a minor or meets certain disability requirements, the time limited for commencement of action can be tolled for a period not to exceed six years.
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Call Siegfried & Jensen to Help You Navigate Your Idaho Wrongful Death Lawsuit Within the Statute of Limitations
When you lose a loved one, you are left to manage their estate, funeral plans, and figure out what your life looks like without them. You may not want to deal with a lawsuit or feel that it’s crass to try to collect money from your loss. No amount of money will take away the hurt left by the loss, but it may give you room to grieve and the chance to seek justice for their death.
Siegfried & Jensen understand how sensitive your situation is, and we want to support you and your family in this trying time. You can learn more about how we treat our clients by reading client reviews and scheduling a no-obligation, complimentary case consultation to discuss your options. Call us today to get the support you deserve.
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