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Losing a loved one is an experience filled with grief and sorrow. When the loss results from wrongful actions or negligence of another party, the pain is often compounded by a sense of injustice. You may consider seeking legal redress to hold the responsible party accountable.
However, the law sets certain time limits for filing such cases. Is there a statute of limitations for wrongful death claims? In Idaho, the answer is yes.
Wrongful Death: The Legal Definition
A wrongful death claim is a civil action that charges a person or entity with liability for a death due to negligence or intentional harm. Survivors of the deceased (generally immediate family members) or the personal representative of the deceased’s estate can bring forward this claim.
Wrongful deaths can arise from various circumstances, including:
- Medical malpractice, such as a doctor’s failure to diagnose a condition
- Motor vehicle accidents in which the other driver was at fault
- Murder cases (even if the accused has already been prosecuted in criminal court)
Idaho’s Wrongful Death Laws
In the state of Idaho, survivors or personal representatives of the deceased have two years from the date of the individual’s death to file a lawsuit. That said, this time frame may vary based on when the wrongful act that caused the death came to light. Within that time frame, loved ones should consult a wrongful death attorney in Boise, Idaho, to discuss their options.
The deceased’s loved ones can recover a broad range of damages. The court will not only recognize economic losses such as medical bills and lost wages but also award noneconomic damages for emotional distress and loss of companionship.
The Statute of Limitations
As mentioned, there is a clear two-year statute of limitations to file a wrongful death claim. That clock starts ticking on the date of the individual’s death. If survivors do not file a lawsuit within this window, the court will likely refuse to hear the case at all. There are, however, certain exceptions to this rule. If the negligent or malicious act that caused the death was not discovered right away, the statute of limitations may begin from the “date of discovery” of the wrongful act.
If you plan to file a wrongful death suit after your loved one’s passing, familiarize yourself with the statute of limitations on these cases. Don’t wait around to secure legal representation and begin the litigation process. Pursue justice in a timely manner and seek fair compensation for the pain and suffering you experienced.
