Wrongful Death in Idaho Falls
A “wrongful death” occurs when a person dies as the result of the negligence of another person. Common examples of wrongful death include deaths resulting from automobile accidents, plane crashes and industrial accidents. A wrongful death can also occur as a result of institutional neglect. For example, if a nursing home or hospital neglects to provide proper care or medication for a loved one and such neglect results in that person’s death, then this may be a wrongful death situation. If a family member is institutionalized for depression or suicidal tendencies, and the institution neglects to properly care for this person, resulting in a suicide, then this could also be a wrongful death situation. Let Thomsen Holman Wheiler PLLC assist you with any legal needs if you suspect Wrongful Death in Idaho Falls.
Damages for wrongful death include loss of monetary support as well as damages for non-monetary losses such as loss of love and companionship. Damages for loss of monetary support-such as would happen if a family’s main bread winner died due to the negligence of another-can be substantial and generally require the services of an expert economist to determine.
In order to bring a claim for wrongful death, the claimant must be an “heir” of the deceased person. The term “heir” generally means that the person making the claim must be the spouse, parent or child or, in some cases, the brother or sister of the deceased person.
As in all negligence cases in Idaho, there is a two year statute of limitations. (Some states have longer or shorter statutes of limitations.) This means that you must file suit within two years of the death of your loved one. If you do not file suit within two years, then your suit will be forever barred by the statute of limitations.
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