Idaho Wrongful Death Lawyer FAQ

BAM Injury Law represents families who have lost a loved one due to another party's negligence in Idaho. Attorney Kigan Martineau handles wrongful death claims in Ada County, Canyon County, and throughout Idaho. Call (208) 923-1106 for a free consultation.

Who can file a wrongful death claim in Idaho?

Under Idaho Code Section 5-311, a wrongful death claim in Idaho must be filed by the personal representative of the deceased person's estate. The personal representative acts on behalf of the estate and the surviving family members -- typically a spouse, children, or parents. Individual family members do not file the claim themselves.

The wrongful death claim is separate from any criminal investigation or prosecution. Even if criminal charges are not filed against the responsible party, a civil wrongful death claim can proceed. The standard of proof in a civil case is lower than in a criminal case.

Recoverable damages in an Idaho wrongful death claim include: medical and hospital expenses incurred before death, funeral and burial costs, lost future income and financial support, loss of companionship and household services, and pain and suffering experienced by the deceased between injury and death.

Idaho's statute of limitations for wrongful death claims is two years from the date of death under Idaho Code Section 5-311. Missing this deadline permanently bars any recovery for the estate and surviving family members.

Contact an Idaho Wrongful Death Lawyer

Call BAM Injury Law at (208) 923-1106 or visit 3597 E Monarch Sky Ln, Meridian, ID 83646. No fee unless we win. Kigan Martineau is licensed in both Idaho and Utah.