If you have lost a loved one due to someone else’s negligence in Idaho, understanding your legal rights is a critical first step toward justice. This guide covers Idaho’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Idaho’s economy – heavy in agriculture, commercial trucking, and outdoor recreation – creates wrongful death circumstances unique to the region. Understanding the state’s legal framework is essential before taking action.
Idaho Wrongful Death Laws
The Idaho Wrongful Death Statute
Idaho’s wrongful death law is governed by Idaho Code § 5-311. The statute allows certain family members to file directly.
Who Can File
Idaho allows the spouse, children, or parents of the deceased to file directly.
Statute of Limitations
Idaho imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Idaho allows recovery for pecuniary loss and loss of companionship. Idaho Code § 6-1603 imposes an annually indexed cap on non-economic damages that applies to all personal injury and wrongful death claims — not just medical malpractice. The cap started at $250,000 and adjusts each July 1 based on the Idaho Industrial Commission’s adjustment of the average annual wage. As of July 1, 2024, the cap is $490,512.33. The cap does not apply when the defendant’s conduct constitutes willful or reckless misconduct or a felony. Economic damages — such as lost future income and funeral expenses — remain uncapped in all cases.
Survival Action
Idaho maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Idaho
1. Hepworth Holzer, LLP
Location: Boise, ID (Serving statewide)
Phone: (208) 328-6998
Website: https://hepworthholzer.com
A top-rated, trial-tested firm in Idaho handling high-stakes fatal accidents involving commercial trucking, agricultural machinery, and severe auto collisions. Because family members can file directly in Idaho, they work closely with spouses and children to accurately document the devastating loss of companionship and financial support for uncapped economic recovery.
2. Mahoney Law, PLLC
Location: Boise, ID
Phone: (208) 345-4222
Website: https://mahoneylaw.com
Key Attorney: Patrick F. Mahoney
A leading Idaho personal injury firm. Because Idaho’s § 6-1603 non-economic damages cap applies universally to all wrongful death claims, their attorneys are precise about the current indexed cap amount and skilled at building maximum economic damages — lost future wages, medical bills, funeral costs — that remain fully uncapped across all case types.
3. Litster Frost Injury Lawyers
Location: Boise, ID
Phone: (208) 333-3366
Website: https://litsterfrost.com
One of the largest and most well-resourced personal injury firms in Idaho. They have a dedicated team for fatal accidents and aggressively pursue both the wrongful death claim and the separate survival action to maximize total recovery against large insurance companies.
Frequently Asked Questions
How does Idaho’s non-economic damages cap work?
Idaho Code § 6-1603 imposes a universal cap on non-economic damages in all personal injury and wrongful death cases — not limited to medical malpractice. The cap is indexed annually to the Idaho Industrial Commission’s wage adjustment and currently stands at $490,512.33 (effective July 1, 2024). The applicable cap is the amount in effect on the date of the incident. Exceptions apply when the defendant’s conduct was willful, reckless, or constituted a felony. Economic damages — lost future income, funeral costs, medical bills — remain fully uncapped.
Who can file a wrongful death lawsuit in Idaho?
Idaho allows the spouse, children, or parents to file directly, without needing a court-appointed Personal Representative.
Are there caps on general wrongful death damages in Idaho?
No. For wrongful death claims — including those arising from general negligence such as auto accidents — Idaho’s § 6-1603 cap on non-economic damages applies universally. The cap is not limited to medical malpractice. However, economic damages remain uncapped regardless of claim type.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Idaho’s wrongful death framework allows direct filing by family members. Unlike many states, Idaho’s § 6-1603 non-economic damages cap applies universally to all wrongful death claims — not only medical malpractice — with the current cap at $490,512.33. The firms listed above have the expertise to navigate Idaho’s cap structure while maximizing uncapped economic damages. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.