Wrongful Death Lawsuits in Idaho
Who can bring a wrongful death claim in Idaho, the deadline to file, and any limits on damages.
Short answer: The deceased person's heirs, or the personal representatives on their behalf, may sue. "Heirs" includes those who would inherit under Idaho law, plus the spouse, children, stepchildren and parents, and blood relatives and adoptive siblings who depended on the deceased for support or… Idaho Code § 5-311
| Who can sue for wrongful death | The deceased person's heirs, or the personal representatives on their behalf, may sue. "Heirs" includes those who would inherit under Idaho law, plus the spouse, children, stepchildren and parents, and blood relatives and adoptive siblings who depended on the deceased for support or services. A dependent putative spouse (one who believed in good faith that a void or voidable marriage was valid) is also included. Source: Idaho Code § 5-311 |
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| Wrongful death deadline | A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Source: Idaho Code § 5-219(4) |
| Damage caps | Yes. In personal injury and wrongful death actions, a judgment for non-economic damages may not exceed $250,000, adjusted each July 1 by the same percentage the Idaho Industrial Commission adjusts the state average annual wage. The cap does not apply to willful or reckless misconduct, or to acts the fact-finder finds beyond a reasonable doubt would be a felony. The jury is not told about the cap. Source: Idaho Code § 6-1603 |
More Idaho personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Idaho
- Medical Malpractice Rules in Idaho
- Car Accident Claims in Idaho
- Dog Bite Liability in Idaho
- Motorcycle Accident Claims in Idaho
- Pedestrian Accident Claims in Idaho
- Bicycle Accident Claims in Idaho
- Uber and Lyft Accident Claims in Idaho
- Construction Site Injuries in Idaho
- All Idaho personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Idaho?
The deceased person's heirs, or the personal representatives on their behalf, may sue. "Heirs" includes those who would inherit under Idaho law, plus the spouse, children, stepchildren and parents, and blood relatives and adoptive siblings who depended on the deceased for support or services. A dependent putative spouse (one who believed in good faith that a void or voidable marriage was valid) is also included.
How long do you have to file a wrongful death lawsuit in Idaho?
A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years.
Does Idaho cap damages in personal injury cases?
Yes. In personal injury and wrongful death actions, a judgment for non-economic damages may not exceed $250,000, adjusted each July 1 by the same percentage the Idaho Industrial Commission adjusts the state average annual wage. The cap does not apply to willful or reckless misconduct, or to acts the fact-finder finds beyond a reasonable doubt would be a felony. The jury is not told about the cap.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.