Statute of Limitations for Fatal Injury Litigation
After your loved one sustains fatal injuries in a preventable accident, you have two years to file a claim in accordance with Idaho Code § 5-219(4). Time-sensitive evidence and powerful defense tactics require you to act quickly. An Idaho Falls wrongful death lawyer can help protect your claim from dismissal when you seek legal counsel soon after your loved one’s death.
Recoverable Financial Compensation
When a fatal injury claim prevails, you and your family have a right to both economic and non-economic damages. Economic damages compensate for the tangible losses suffered, such as medical bills, funeral costs, and the loss of the deceased’s future earnings.
Under Idaho Code § 6-1601, non-economic damages compensate for the intangible harm you endured, such as the loss of companionship, care, and protection. The state places a limit on non-economic damages, which it adjusts annually. Our wrongful death attorneys in Idaho Falls could ensure your recovery adequately addresses the challenges you face after a great loss.
How Comparative Negligence Can Affect Your Recovery
Comparative negligence can limit the compensation you recover from responsible parties. The state follows a modified comparative negligence model under Idaho Code § 6-801 for purposes of pursuing financial damages.
If your loved one was 50 percent or more at fault for the fatal accident, you and your family may be unable to recover damages. Our experienced Idaho Falls attorneys could ensure that an insurance company does not assign an unfair amount of blame to the victim of wrongful death.
