Establishing Liability in a Wrongful Death Case in Boise
The basis of a wrongful death claim is fault. Specifically, a wrongful death lawyer in Boise will try to get answers to two questions:
- Were the liable party’s actions wrongful due to negligent or other wrongful behavior?
- Did the wrongful conduct directly cause the deceased’s demise?
To answer these questions, the experienced attorney will examine the circumstances surrounding the incident that claimed the deceased’s life, review evidence, and carry out independent investigations. This requires a unique approach and skill set. Everything matters in cases like this, as a small error can lead to denied claims or lowball offers from insurance providers.
What Damages Can Be Recovered in a Wrongful Death Suit?
The compensation from a wrongful death claim in Boise is meant to cover all losses that the deceased and their family members incurred as a result of the at-fault party’s negligence. This means treatment costs before the deceased passed, burial and funeral costs, and loss of past and future income and inheritance.
The more significant damages are the loss intangible non-economic damages such as the loss of guidance and companionship. Depending on the circumstances of the incident, punitive damages may also be awarded to the surviving family members. Punitive damages are meant to serve as additional punishment to the negligent party and act as a deterrent to others. Punitive damages are only awarded when there is clear evidence of gross misconduct or egregious acts.
Timeframe for Filing a Wrongful Death Claim
While it is difficult to think of suing the liable party when mourning the loss of a loved one, the reality is that there is a time limit within which surviving family members can bring legal action.
According to Idaho’s wrongful statute of limitations law, the time limit is two years. Our wrongful death attorneys can keep track of this deadline, and all deadlines in your claim, so you do not miss out on the compensation your family requires.
