Wrongful Death Statute of Limitations in Idaho

In Idaho, the statute of limitations for wrongful death claims is two years from the date of death, under Idaho Code Section 5-219. If your family member was killed due to another person's negligence -- in a car crash, truck accident, workplace incident, or other preventable event -- the personal representative of the estate must file a lawsuit within two years or lose the right to recover compensation permanently.

Who Can Bring a Wrongful Death Claim in Idaho

Under Idaho Code Section 5-311, a wrongful death action must be brought by the personal representative of the deceased's estate. The recovery is distributed to the deceased's spouse, children, or other heirs. If no personal representative has been appointed, a surviving spouse or next of kin can petition the court to be appointed before filing.

Damages Available in Idaho Wrongful Death Cases

Idaho law allows recovery for:

• Loss of financial support: The present value of income the deceased would have earned
• Loss of services: The value of household and domestic services the deceased provided
• Loss of society and companionship: The emotional and relational loss suffered by surviving family
• Medical expenses: Treatment costs incurred between injury and death
• Funeral and burial costs

Idaho does not cap wrongful death compensatory damages. However, Idaho Code Section 6-1603 caps non-economic damages in medical malpractice cases -- a separate limitation that applies only when the wrongful death resulted from medical negligence.

Government Entity Claims -- 180-Day Notice Requirement

If your family member was killed due to the negligence of an Idaho government entity (a city, county, state agency, or public employee acting within their duties), Idaho's Tort Claims Act requires the family to file a notice of claim within 180 days of the death under Idaho Code Section 6-906. Missing this notice deadline bars the wrongful death claim entirely -- it is not extended by the two-year statute of limitations.

Survival Claims Alongside Wrongful Death

In addition to wrongful death damages, the estate can pursue a survival claim for the deceased's own pain, suffering, and economic losses between the time of injury and death. These are two separate but related claims that are commonly filed together.

Common Idaho Wrongful Death Cases

• Commercial truck accidents on I-84, I-86, and US-30 corridors
• Car accidents caused by drunk, distracted, or negligent drivers
• Workplace accidents in construction, agriculture, and manufacturing
• Fatal slip and fall accidents on commercial or residential properties
• Pedestrian and bicycle fatalities

Contact an Idaho Wrongful Death Lawyer

BAM Injury Law is licensed in both Idaho and Utah. Attorney Kigan Martineau represents surviving families throughout the Treasure Valley and across Idaho from the firm's Meridian office at 3597 E Monarch Sky Ln, Meridian, ID 83646. All wrongful death cases are handled on a contingency fee basis with no fee unless the case is won. Call (208) 923-1106 for Idaho cases, or visit our Idaho personal injury lawyer page to learn more.