(208) 823-2642Compassionate Wrongful Death Attorneys in Boise, Idaho
At Swenson & Shelley Law, our Boise wrongful death lawyers represent family members throughout Idaho who have lost a loved one by the wrongful act, neglect, or default of another person or entity. Essentially, it is a death that results from the misconduct or negligence of another party, which would have entitled the deceased person to file a personal injury lawsuit had they survived.
The purpose of a wrongful death lawsuit is to compensate the surviving family members or the deceased person’s estate for the financial and emotional losses resulting from the untimely death.
At Swenson & Shelley Law, our Ada County wrongful death accident lawyers know that those who survive these traumatic events are quickly overwhelmed physically, emotionally, and financially. We want to help each family regain control of their lives, starting with a free consultation.
When the Worst Has Happened, We Fight for What’s Best for You.
What are the Key Elements of a Wrongful Death Claim in Idaho?
Wrongful death is defined under Idaho Code § 5-311, which states the wrongful act, neglect, or default of another party must have caused the death.
This can include actions such as:
- Negligence, including car accidents or premises liability incidents.
- Intentional acts, including assault or homicide.
- Defective products, including product liability cases.
There must be a direct link between the wrongful act, neglect, or default and the death of the individual. The defendant’s wrongful actions must be the proximate cause of the fatality.
Who is Eligible to File a Wrongful Death Claim in Idaho?
The law allows certain family members or representatives to file a wrongful death lawsuit on behalf of the deceased person.
In Idaho, the following parties are typically eligible to file a wrongful death claim:
- The deceased person’s spouse.
- The deceased person’s children or descendants.
- The deceased person’s parents.
- The personal representative of the deceased person’s estate.
If you have lost a loved one and believe wrongful death circumstances caused their death, contact our dedicated personal injury lawyers in Boise today to discuss your case and learn whether you are eligible to file a claim to pursue the compensation your family will need to move forward.
What Type of Compensation Can Eligible Family Members Pursue During a Wrongful Death Claim in Idaho?
An Idaho wrongful death claim seeks to recover damages for the losses the deceased person’s estate and surviving family members suffered.
These damages can include:
- Medical expenses related to the deceased person’s final illness or injury.
- Pain and suffering of the deceased before death.
- Funeral and burial expenses.
- Loss of the deceased person’s expected earnings.
- Loss of benefits, including pensions and insurance.
- Loss of companionship, care, and guidance.
The trauma experienced by surviving family members in wrongful death circumstances is profound due to the suddenness and preventability of the loss, the emotional and psychological impact, the financial strain, and the long-term consequences.
This is why we are here. Contact our skilled Boise wrongful death lawyers today to learn how we can help pursue justice for you, your family, and the loved one you lost so you can take the time you need to grieve fully.
How Long Do Eligible Family Members Have to File a Wrongful Death Claim in Idaho?
With limited exceptions, eligible family members have two years from the date of the deceased person’s death to file a wrongful death claim. Filing promptly helps ensure that crucial evidence is preserved and that witnesses’ memories remain fresh, essential for building a strong case.
It is crucial to consult with a Boise wrongful death attorney as soon as possible to understand the legal options and ensure all necessary steps are taken within the legal timeframe.
We understand the devastating circumstances family members face after losing a loved one to wrongful death circumstances and have dedicated our practice to helping them pursue more than compensation but justice. If you’re ready to discuss your case with a trusted wrongful death lawyer, please contact Swenson & Shelley today. We can meet with you over the phone, via text, video call, or in person — whatever is most comfortable for you.
We Also Focus on the Following Areas in Boise, Idaho
Contact Our Dedicated Wrongful Death Attorneys in Boise, Idaho for Help Today
Call us today at (208) 823-2642 or contact us online to schedule a free, no-obligation consultation. During this consultation, you can learn immediately whether your claim is eligible for legal action.
We do not charge any fees upfront for our services. Instead, you pay us only if we secure payment for you. That makes getting legal help accessible and allows you to focus on your recovery. Contact us now to learn more.
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Frequently Asked Questions for Wrongful Death in Boise
What evidence is needed to support a wrongful death claim?
To support a wrongful death claim, you will need evidence demonstrating that the death was caused by someone’s negligence or wrongful act. This may include medical records, accident reports, witness statements, and testimony.
How long does it take to resolve a wrongful death claim?
The time required to resolve a wrongful death claim can vary greatly depending on the complexity of the case, the availability of evidence, and the willingness of parties to negotiate. Some cases may settle quickly, while others may take months or even years to resolve.
Will I have to go to court for a wrongful death claim?
Many wrongful death claims are settled out of court through negotiation or mediation. However, if a fair settlement cannot be reached, your case may proceed to trial. Your attorney will guide you through the process and represent your interests in court if necessary.
Can I pursue a wrongful death claim if the responsible party was not criminally charged?
Yes, a wrongful death claim is a civil matter and is separate from any criminal charges that may be brought. Even if the responsible party was not criminally charged or convicted, you can still seek compensation through a civil wrongful death claim.
What should I do immediately after a wrongful death occurs?
Immediately following a wrongful death, it’s important to document the incident thoroughly. Gather any relevant records, such as medical reports, accident details, and witness information. Contact an attorney as soon as possible to ensure that evidence is preserved and that your legal rights are protected.
How does the wrongful death process work?
The wrongful death process typically begins with an initial consultation with an attorney, followed by the investigation and gathering of evidence. Your attorney will then file a claim or lawsuit on your behalf. Settlement negotiations or court proceedings will follow, culminating in a resolution either through a settlement or trial verdict.
What role does insurance play in a wrongful death claim?
Insurance companies often play a significant role in wrongful death claims, as they may be responsible for providing compensation to the victims. Your attorney will negotiate with insurance companies to secure a fair settlement. If an adequate settlement cannot be reached, legal action may be necessary.
Can I still pursue a wrongful death claim if the responsible party is deceased?
Yes, you can still pursue a wrongful death claim if the responsible party has died. The claim would be filed against the deceased party’s estate. Your attorney will navigate the complexities of dealing with an estate in such cases.
