HomePost Falls Wrongful Death

Wrongful Death Attorney
Serving Kootenai County, Idaho

wronful death lawyer in Post Falls Idaho

Losing a loved one due to the negligent, careless, or reckless actions of another is a devastating experience that can leave you feeling overwhelmed and helpless. Bendell Law Firm, PLLC is a wrongful death & personal injury law firm dedicated to providing quality legal representation to the people of Post Falls and the rest of Kootenai County in Northern Idaho that has lost a loved one. While grieving is a natural process that comes in seven stages, the initial shock, denial, and anger can be difficult to manage. In addition to coping with the emotional pain, you may also be faced with the added stress of dealing with insurance companies and at-fault parties.

Our Post Falls wrongful death attorney understands the challenges you are facing during this difficult time and is here to help. We will take on the burden of legal proceedings and work tirelessly to ensure that you receive full and fair compensation, including medical expenses and other damages. Our goal is to bring you justice and peace of mind, so you can focus on healing and honoring the memory of your loved one

A wrongful death lawsuit helps families recover the cost of medical bills that were incurred prior to the death, funeral costs, and other expenses. Moreover, it helps provide the peace of mind that comes with knowing the compensation you receive can help provide a more secure financial future for you and your family.

Compassionate Post Falls Wrongful Death Attorney

At the Bendell Law Firm in Post Falls, Idaho, we believe in dedication to the law; commitment to helping your family get the best possible compensation; and compassion for all you are going through. Wrongful death attorney Jim Bendell has a 40-year track record of success in making sure that the party responsible for the death of your loved one is held accountable.

We offer the steady hand, experience, and courtroom skills to obtain maximum financial recovery for grieving families in Post Falls, Coeur d’Alene, and Spokane, Washington, across a range of wrongful death cases, including:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents/commercial vehicle accidents
  • Construction site accidents
  • Accidents in which death is caused by a defective product
  • Accidents caused by ill-maintained or dangerous premises conditions
  • Fires or explosions
  • Sports

What Is Considered A Wrongful Death Case In Idaho?

A wrongful death is a type of civil action that allows surviving beneficiaries to sue a negligent party—whether an individual, a business, or even a government entity—for financial compensation for their loss. Moreover, Idaho law specifies that even if the negligent party (the wrongdoer) dies, the suit may be brought “against the personal representative of such wrongdoer, whether the wrongdoer dies before or after the death of the person injured.” A claim may be made in any number of cases in which negligence was present: reckless driving or drunk driving; slip and fall accidents caused by a property owner’s failure to repair dangerous conditions within a reasonable amount of time; assault and battery. If a party was negligent, reckless, or careless and their action or inaction caused a death, a wrongful death claim can be made against them.

Sometimes, there is more than one at-fault entity. In that case, we file a claim against all who bear responsibility for the death of your loved one to help you get every penny you deserve.

Every case is given the highest degree of professionalism, thorough investigation, and compassionate care, including:

  • Accident reconstruction
  • Obtaining witness statements
  • Gathering/preserving evidence
  • Working with and collecting testimony from experts in fields such as security, highway safety, product safety, physical and mental health, and others

Wrongful Death Compensation in Idaho

In order to maximize compensation, we make sure we calculate all factors to come up with a full and fair claim value. In Idaho, total claim compensation is calculated on both economic and non-economic losses.

Economic losses are those which have explicit monetary values, such as:

  • Medical costs—including physician, hospital, and pharmacy bills—related to and incurred prior to death
  • Funeral expenses
  • Loss of financial support that would have been provided by the deceased
  • Cost of obtaining domestic services

Under Idaho’s laws, non-economic losses are “subjective” losses that are incurred by the injured party. Though capped at $250,000 per family member, they can make up a large part of the total value of a wrongful death claim and may include:

  • Emotional pain and suffering that preceded death
  • Loss of consortium
  • Loss of society and companionship
  • Emotional distress
  • Mental anguish
  • Destruction of a parent-child relationship

As the heirs of a loved one who has suffered wrongful death due to the egregious actions of another, you are entitled to seek justice and compensation for your loss. In addition to compensatory damages for personal injury, the courts may also award punitive damages in cases of outrageous conduct. At our Post Falls wrongful death attorney, we believe in pursuing every avenue of legal recourse to hold the responsible parties accountable for their actions. If warranted, we will aggressively pursue punitive damages to not only compensate you for your loss, but also to serve as a deterrent to prevent future similar actions. We are committed to fighting for your rights and ensuring that you receive the justice and closure that you deserve.

Who Can File a Wrongful Death Lawsuit?

Only the legal heirs (those who are entitled to the decedent’s property) can recover damages for the death of their loved one. The personal representative often files the claim on behalf of and for the benefit of the heirs. In Idaho, heirs includes:

  • The spouse
  • The child or children
  • The parents of the deceased
  • Blood relatives and adoptive sisters and brothers who were financially dependent on the decedent
  • In some cases, illegitimate children

Statute Of Limitations in Wrongful Death Lawsuit in Post Falls, Idaho

In general, you have three years from the date of the death to file the claim. There are several reasons why you should not delay in proceeding with a legal action. Memories are seldom dependable, and it is difficult for witnesses to accurately recall events. Evidence may be lost. Moreover, the longer you wait, the greater the risk that you will miss the deadline and will be forever barred from recovering compensation.

It is also important to note that unlike many states, Idaho does not allow “survival actions,” which allow families to claim certain damages after the accident but before the injured person dies. In those cases, we seek other means of compensation.

We Help You Get Justice for the Loss of Your Loved One.

While no amount of money can bring back your loved one back, it can help ensure a more secure financial future for you and your family. We are ready and able to help answer your questions and address your concerns—and provide a clear legal strategy to maximize compensation for your loss.

To schedule a free consultation, please call us at 208-981-0555 or complete and return our free injury claim valuation form.


Negligence is the most common basis for most personal injury cases, including wrongful death. There are four “elements” negligence that must be proven:

  • Duty of care: The at-fault party or parties owed the watchfulness, prudence, caution and attention that a reasonable person in the same circumstances would use.
  • Breach of duty: That duty of care was violated (breached) by negligence, carelessness, or recklessness
  • Causation: That the breach of duty of care caused the death
  • Damages: That the death of the loved one caused damages; the economic and noneconomic losses to the heirs

Once your case is settled, the award is sent to your attorney. Your attorney deducts his or her fees and then makes payments directly to the heirs. This differs from most states, where the compensation award is paid to the estate.

Practice Areas

Excellent Attorney

Jim is an excellent attorney and knows law very well. He has the ability to translate legal jargon into layman’s terms. He is on time, prompt, efficient, and has a great attitude.


Professional and Tenacious

Excellent lawyer. Professional and tenacious. What I also liked, was his great compassion. This is helpful when you are having a crisis!


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