All states have wrongful death laws, but they can vary widely in application. Idaho uses a relatively simple wrongful death statute that says individuals who die by the “wrongful or negligent act of another” individual have standing for a wrongful death legal action. The standing is transferred to either a family representative or specific family members, with priority being assigned first to the spouse and then on to dependent children or other family members. However, the general wording of the law does not mean that wrongful death in Idaho Falls cannot be complicated and strongly defended cases, and it is always vital to have an experienced legal representative like the professionals at Thomsen Holman Wheiler PLLC Idaho Falls wrongful death attorneys handling the claim.
Damages in an Idaho wrongful death claim are much like the settlement in a personal injury lawsuit. Awards are not considered punitive and it is not a criminal proceeding, as the financial remedy is always monetary and classified as compensatory damages. They are then divided among “economic” and “non-economic” awards based on the particular item of compensation. Compensation for specific associated bills and other definitive amount claims are economic, also known as “special” damages, while others that are assigned to the family are non-economic lump sums. Allowable compensatory claims can include medical bills, funeral and burial expenses, and loss of family support for the spouse and dependent family members. In Idaho, non-economic awards are capped at $250,000 per allowed family member.
Proving Wrongful Death in Idaho Falls
The standard for proving wrongful death in Idaho Falls does not necessarily require proving gross negligence as many other states do. However, the cap on non-economic damages offsets extensive awards from a sympathetic jury in very egregious cases. Many times a wrongful death claim will be the result of a major truck accident, and the transportation company is often found liable for the damage payments along with a driver or a shipment contractor. The case details of wrongful death in Idaho Falls can have a dramatic impact on the total financial award, and having an experienced attorney representing the case is vital for a favorable outcome.
Contact Thomsen Holman Wheiler PLLC
Wrongful death claims are easily the most serious type of personal injury cases, and they are always strongly defended even when valid. Idaho residents with possible standing to file should contact Thomsen Holman Wheiler PLLC Idaho Falls wrongful death attorneys for comprehensive and diligent representation.