When a person dies as a result of someone else’s negligence or wrongful conduct in Idaho, the law allows certain surviving individuals to pursue a wrongful death claim. While no amount of compensation can truly make up for the loss of a loved one, a wrongful death lawsuit serves an important role: it holds the responsible party accountable and provides financial support for those left behind.
Understanding who is legally permitted to bring a wrongful death action in Idaho is the first step in evaluating whether a case can be filed and who is entitled to potential compensation. This blog post explains Idaho’s wrongful death laws, who can file, and what to expect from the legal process.
What Is a Wrongful Death Under Idaho Law?
Under Idaho Code § 5-311, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party—whether an individual, company, or governmental entity. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived, their death opens the door for a wrongful death action to be filed by their survivors.
Wrongful death claims may arise from a wide range of incidents, including:
- Car, truck, or motorcycle accidents
- Pedestrian or bicycle collisions
- Medical malpractice
- Dangerous property conditions (premises liability)
- Defective products
- Criminal acts such as assault or DUI-related deaths
Who Can File a Wrongful Death Lawsuit in Idaho?
Idaho law is specific about who has the right to file a wrongful death claim. The statute grants the right to sue to certain individuals and representatives connected to the deceased, including:
1. Heirs of the Deceased
This includes individuals who would be legally entitled to inherit from the deceased under Idaho’s intestate succession laws. Common heirs include:
- Spouse
- Children (biological and legally adopted)
- Parents (if the deceased had no surviving spouse or children)
- Siblings (if none of the above survive)
These individuals can pursue claims for both economic and non-economic losses resulting from the death.
2. Personal Representative of the Estate
If the deceased left a will, the person named as the executor or personal representative of the estate may also bring the wrongful death claim on behalf of the estate. If there is no will, the court may appoint a representative. The estate can recover damages for:
- Funeral and burial expenses
- Medical bills incurred before death
- Pain and suffering experienced by the deceased before passing
- Loss of potential earnings or inheritance
The representative holds any compensation recovered for distribution to heirs and beneficiaries in accordance with Idaho law or the decedent’s will.
What Damages Can Be Recovered?
Wrongful death claims in Idaho aim to compensate survivors and the estate for their losses. Common categories of damages include:
For Surviving Family Members:
- Loss of financial support the deceased would have provided
- Loss of companionship, care, guidance, and affection
- Mental anguish and emotional suffering
For the Estate:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Pain and suffering endured by the deceased before death
- Lost future income the deceased would have earned
Unlike some states, Idaho does not place a cap on total damages in wrongful death claims, except for non-economic damages (such as emotional distress) in medical malpractice cases. As of 2025, the cap for non-economic damages in medical malpractice cases is adjusted annually for inflation, and is currently around $500,000.
Time Limits for Filing a Wrongful Death Claim in Idaho
Idaho imposes a strict time limit—known as the statute of limitations—for filing a wrongful death lawsuit. Under Idaho Code § 5-219, the deadline is generally two years from the date of death. Failing to file within this period typically bars the claim permanently, regardless of its merits.
If the case involves a government entity (such as a wrongful death caused by a city vehicle or on public property), a separate notice of claim must be filed within 180 days under the Idaho Tort Claims Act.
What If Multiple Parties Want to File?
Sometimes, more than one person may have the legal right to file a wrongful death claim, such as multiple children or both a spouse and parents. In these cases, Idaho courts may consolidate claims into a single lawsuit, or the personal representative may file on behalf of all eligible beneficiaries. Courts aim to ensure that claims are handled efficiently and that damages are distributed fairly according to Idaho inheritance laws.
Do You Need to Prove Fault?
Yes. Just like in a personal injury claim, the plaintiff(s) must prove that the defendant’s actions directly caused the death and that those actions were negligent or wrongful. Evidence may include:
- Police reports
- Medical records
- Expert testimony
- Accident reconstructions
- Eyewitness statements
In cases of shared fault, Idaho follows a modified comparative negligence rule. If the deceased was 50% or more at fault, the wrongful death claim may be barred. If they were less than 50% at fault, the claim may proceed, but any award will be reduced proportionally.
Final Thoughts
Losing a loved one due to someone else’s negligence is a devastating experience. Idaho law provides a clear legal path for spouses, children, parents, and other heirs to pursue justice through a wrongful death lawsuit. While no legal process can undo the pain of loss, it can offer closure, financial security, and a sense of accountability.
If you believe you have a valid wrongful death claim, understanding your rights under Idaho law—and acting within the state’s deadlines—is essential. Taking prompt and informed steps can help ensure your loved one’s legacy is honored and your family’s future is protected.
