It is truly tragic and devastating when we lose a loved one because of another person’s negligence or wrongful act. The loss isn’t just an emotional one – families are often burdened by unforeseen financial burdens, long-term consequences, and uncertainty.
Idaho law allows surviving family members to seek legal action known as a wrongful death claim against the liable party for compensation that includes both economic and non-economic losses caused by the death.
Knowing what damages may be available is invaluable in helping families like yours to make informed decisions during a very challenging time. In this article, we will discuss what damages families can recover in a wrongful death claim.
What is a Wrongful Death Claim in Idaho?
A wrongful death claim is a claim against one party for causing another person’s death by negligent, reckless, or intentional conduct. Idaho’s wrongful death statute allows certain family members or the decedent’s estate to bring a claim seeking compensation for losses suffered as a result of the death.
Eligible claimants generally include:
- The surviving spouse.
- Children, including adopted children.
- Parents or dependents.
- The personal representative of the estate.
Wrongful death claims are civil actions and are separate from any criminal proceedings that may arise from the same incident.
Economic Damages
Economic damages are the financial losses arising directly from the death. These are usually supported through documentation and expert analysis.
Medical Expenses
Families can recover medical expenses to do with the decedent’s final injury or illness, including:
- Emergency treatment.
- Care in a hospital.
- Surgery or life-saving efforts.
- Related medical services prior to the death.
Funeral and Burial Expenses
Reasonable funeral, burial, and memorial expenses are recoverable under Idaho law.
Lost Income and Financial Support
Surviving family members may recover the value of the income the decedent would have earned had they lived, including:
- Wages and salary.
- Fringe benefits.
- Any anticipated promotions, raises, or career advancements.
- Retirement contributions.
When determining the amount of future lost income, courts may consider decedent’s age, health, earning capacity, and work history.
Loss of Household Services
Families may also be compensated for the value of services provided by the deceased, for example:
- Childcare.
- Home maintenance.
- Transportation.
- Caring for family members.
Non-Economic Damages
Non-economic damages compensate families for the intangible losses that do not have a specific dollar amount but are no less real.
Loss of Companionship and Society
The surviving spouse, children, and parents can recover damages for the loss of:
- Love and affection.
- Emotional support.
- Guidance and mentorship.
- Companionship and shared experiences.
Emotional Suffering
Under Idaho law, families are allowed to recover for mental and emotional anguish experienced by themselves as a result of the person’s death.
Loss of Consortium
A surviving spouse may recover damages for loss of marital companionship, including emotional and relational aspects of the marriage.
Unlike some states, Idaho law imposes statutory caps on non-economic damages, which are adjusted annually for inflation. These caps apply in many negligence cases, although there may be certain exceptions depending on the facts of the case.
Damages Recoverable by the Estate
Additional to family claims, the decedent’s estate may recover damages through a survival action. This focuses on what losses the decedent suffered before their death.
These may include:
- Pain and suffering prior to the death.
- Lost wages between the date of injury and the date of death.
- Medical expenses incurred by the decedent
These damages become part of the estate and are distributed in accordance with Idaho probate law or the decedent’s will.
Punitive Damages
In rare cases, punitive damages may also be available if the defendant’s conduct was willful, malicious, or showed extreme disregard for human life. Punitive damages are not in place to compensate the family directly; instead, they are meant to punish egregious behavior and deter similar conduct in the future.
Idaho law imposes a higher legal standard to recover punitive damages, and they must be approved by the court before they can be pursued.
Why Legal Guidance Matters
The process of a wrongful death claim involves complex legal and financial considerations, as well as identifying proper claimants, calculating damages, and being compliant with filing deadlines. Oftentimes, insurance companies will challenge the value of these claims, which makes competent legal representation essential in your case.
Our experienced attorneys at Bendell Law Firm PLLC understand the sensitive nature of wrongful death cases. We work diligently to ensure full and fair compensation for grieving families.
If your family has lost a loved one due to someone else’s negligence or wrongdoing, contact us today to discuss your legal options and protect your rights.