Boise Wrongful Death Attorney
Compassionate Legal Advocacy in Challenging Times
Losing a loved one is never easy, but when that death is the result of another person or company's negligence, the pain can be overwhelming. Aaron Hooper, Attorney at Law, P.C. are here to help you through this difficult time. Our team of compassionate, knowledgeable wrongful death lawyers in Boise, ID can guide you through the legal process and fight to hold negligent parties accountable for the harm they have caused your family.
Contact us online or call (208) 271-9551 to schedule a free consultation.
Wrongful Death Laws in Idaho
In Idaho, wrongful death is a legal concept that allows certain individuals to seek compensation when a person's death is caused by the wrongful act, neglect, or default of another party. The purpose of wrongful death laws is to provide financial support and compensation to the surviving family members who have suffered as a result of the death.
In a wrongful death case in Idaho, the plaintiff must prove the following elements to succeed:
- Duty of Care: The plaintiff (the personal representative of the deceased person's estate) must demonstrate that the defendant owed a duty of care to the deceased person. This duty typically arises when there is a legal obligation to act reasonably and responsibly to prevent harm to others.
- Breach of Duty: The plaintiff needs to show that the defendant breached their duty of care owed to the deceased person. This means the defendant's actions (or lack of action) fell short of the expected standard of care.
- Causation: The plaintiff must establish a causal connection between the defendant's breach of duty and the death of the individual. It must be shown that the defendant's actions or negligence directly led to the fatal incident.
- Death of the Individual: The plaintiff must prove that the person in question died as a result of the defendant's wrongful act, neglect, or default. Evidence such as medical records, autopsy reports, or witness testimony may be presented to support this element.
- Damages: The plaintiff needs to demonstrate the losses suffered by the surviving family members as a result of the individual's death. These damages can include economic losses such as medical expenses, funeral and burial costs, and loss of financial support. Non-economic damages like loss of companionship, mental anguish, and pain and suffering may also be sought.
In Idaho, a wrongful death claim can be filed by the personal representative of the deceased person's estate on behalf of the surviving family members. The personal representative is typically appointed in the deceased person's will or by the court.
There is a time limit for filing a wrongful death lawsuit in Idaho. Generally, the claim must be filed within two years from the date of the person's death. It's important to consult with an attorney to understand the specific deadlines and exceptions that may apply in your case.
What Sets Us Apart
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Available 24/7 for Your Legal Needs
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Quality Representation from Start to Finish
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Spanish-Speaking Services Available
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Experienced Former Prosecutor
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