Smith Horras, P.A. Attorneys At Law : Wrongful Death

Lawsuits which involve death claims in Idaho are known as wrongful death lawsuits.  Each state has specific rules and laws regarding wrongful death.  Idaho is specific about who can recover for the wrongful death and the limitations of damages.  You must be an heir for the purpose of making a claim for damages.
Idaho law holds that heirs include the decedent’s spouse, children, stepchildren, parents and, when partly or wholly dependant on the decedent for support or services, any blood relatives and adoptive brothers and sisters.

Damages in a wrongful death claim, include both economic and non-economic damages. Idaho law does not allow for the recovery of damages for pain and suffering experienced by the decedent prior to death or for grief suffered by family members as a consequence of the death. 

ECONOMIC damages are not limited in amount and include

  • Medical expenses incurred by the decedent’s estate prior to death;
  • Funeral expenses;
  • Loss of financial support by family members who were financially dependent on the decedent for support;
  • Loss of the reasonable value of household services provided by the decedent.
NON-ECONOMIC damages are limited to no more than $306,451.61 effective July 1, 2011

  • Loss of the care, comfort and society of the deceased family member.
The limitation on non-economic damages does not apply where you or your attorney can show evidence that the conduct of the responsible party (a) arose out of willful or reckless misconduct or (b) which a judge or jury finds beyond a reasonable doubt would constitute a felony under state or federal law.