The tragic loss of a loved one is never easy. When you believe their death resulted from another person’s failure to exercise reasonable care, it becomes even more difficult. There are practical concerns, too, even though their importance pales in the wake of your bereavement. Nevertheless, seeking advice from our wrongful death lawyer in Nampa is a sensible step.
At Siegfried & Jensen, our personal injury lawyer in Nampa has helped people with sensitive and deeply personal legal matters since our law firm was founded over 30 years ago. We realize that no settlement can make up for your loss, but we also understand that it can give you room to grieve and adjust to a changed life.
How Wrongful Death Actions May Help Grieving Families
The loss of a loved one cannot be measured in financial terms, but compensation can help families maintain financial stability during an exceptionally difficult time in their lives. Damages you may claim include:
- Funeral and burial costs
- Loss of financial support
- Loss of household services
- Loss of family relationships
The first step is to talk to an attorney who can advise you on your legal options. If you and your Nampa wrongful death lawyer agree to move ahead with a claim, they can handle all the heavy lifting on your behalf.
For a free legal consultation with a wrongful death lawyer serving Nampa, call (801) 266-0999
Negligence and Wrongful Death Cases in Idaho
Most wrongful death cases deal with tragic accidents that happened because another person was negligent. In other words, they should have known that their conduct could endanger others. For example, you can sue for wrongful death after a car accident if someone else was at fault.
Accidents like these are seldom simple matters, and your loved one may even have been partly to blame. A situation like this is covered under Idaho Code§ 6-801, which allows for proportional compensation when the share of fault is below 50%.
If a final ruling shows that your deceased loved one was 40% at fault for the accident, you can still recover 60% of your damages. Cases like these are often open to disputes about fault, and your lawyer can investigate, build a case, and present it on your behalf.
Nampa Wrongful Death Lawyer Near Me (801) 266-0999
Parties Who Can File a Wrongful Death Lawsuit in Idaho
Wrongful death actions aim to protect families, and those who generally experience the greatest loss have the first opportunity to seek compensation. You can file a wrongful death lawsuit if you are:
- A surviving spouse
- A child or adopted child of the deceased
- The parents of the deceased
- A stepchild or other relative who depended on the deceased for support
In some cases, a person representing the deceased files a wrongful death lawsuit on behalf of surviving relatives. Because individual family circumstances vary, consult your wrongful death attorney in Nampa for advice on your status as a potential plaintiff.
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How Long Do You Have To File a Wrongful Death Lawsuit?
Most people don’t think about filing a wrongful death lawsuit right after a fatal accident occurs. They have far too much to process for it to cross their minds. Although appointing an attorney early on might benefit your case, that’s understandable.
Wrongful death cases involve an injury to you, and the personal injury statute of limitations in Idaho usually applies. The simple interpretation is that Idaho Statute § 5-219 allows two years, but the timing of the clock can vary depending on the specific circumstances.
If a government entity is a liable party, the same statute of limitations applies, but you must formally notify the relevant government agency of your intent to sue within 180 days of the accident. Your attorney can do this on your behalf.
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Why We Advise Contacting a Nampa Wrongful Death Attorney as Soon as Possible
The statute of limitations might make you feel there is plenty of time to file suit, but there are several reasons you should start working with an attorney as soon as you feel able. They include:
- A better chance of gathering all available evidence
- Preserving time-sensitive evidence such as surveillance footage
- Speaking with witnesses while their memories are still fresh
- Improving opportunities for a negotiated settlement
- Giving your attorney time to build the strongest case possible
It might also feel comforting to know you have a legal professional to support and advise you, and that someone is working on your behalf, giving you room to grieve. At Siegfried & Jensen, we know just how hard this is for you, and we will always treat you with empathy and respect.
How Proceeds of a Wrongful Death Case Are Divided
It’s possible that several family members qualify for a portion of a settlement or verdict. There are several ways this can be addressed.
- A family settlement agreement: Instead of leaving a court to decide the matter, surviving family members sign a formal agreement on how any proceeds should be distributed among them.
- Need-based distribution: A court examines how the loss of a family member affects surviving relatives and awards a larger percentage of the proceeds to those who depended most on the deceased.
- Statutory distribution: If it is unclear how a settlement should be distributed, a court may apply probate law to guide its decision.
- Estate-related damages: In many cases, a survival action that claims damages the decedent would have been entitled to had they survived is filed along with a wrongful death lawsuit. These damages are paid to the deceased’s estate and are distributed according to their will.
Depending on your family’s structure, this aspect of a wrongful death case can become quite complex. Our experienced Nampa wrongful death attorney can offer a professional opinion based on your circumstances.
Allow Siegfried & Jensen to Evaluate Your Case Today
Right now, you may simply be wondering whether your family has legal options. Speaking with our wrongful death lawyer in Nampa can provide answers and help you understand what comes next.
At Siegfried & Jensen, we have represented injured clients and grieving families for more than 30 years. If you would like to learn whether you have a wrongful death claim, contact us for a free case evaluation.
Call or text (801) 266-0999 or complete a Free Case Evaluation form