State file: Idaho

Wrongful Death Attorneys in Idaho: Your Complete Legal Guide

3 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Idaho allows a wrongful death action to be brought either by the person’s heirs or by the personal representative, and the statute defines who counts as an heir for this purpose, including specified family members and dependents. The general deadline is two years for an action to recover damages for a death caused by a wrongful act or neglect. Idaho’s noneconomic damages limit and its rules on fault, government claims and medical malpractice panels are separate statutes that this guide does not cover.

Idaho Wrongful Death at a Glance

Question Idaho answer
Who may sue? The heirs, or the personal representatives (Idaho Code 5-311)
Who counts as an heir? The classes the statute defines for wrongful death purposes, including specified family members and dependents (5-311)
Deadline Two years for an action for death caused by wrongful act or neglect (5-219(4))

Who May Bring the Case

Idaho Code 5-311 authorizes a wrongful death action by the person’s heirs or personal representatives. The section contains its own definition of “heirs” for wrongful death purposes, which includes specified family members and dependents of the person who died. Whether a particular relative falls within that definition depends on the statute’s terms and the family’s circumstances.

Because the heirs may bring the action, opening an estate is not the only route to filing. The personal representative may also bring it.

The Deadline

Idaho Code 5-219(4) sets a two-year limitation period for an action to recover damages for a death caused by the wrongful act or neglect of another. The same subsection contains its own accrual and exception rules for professional malpractice.

Topics This Guide Does Not Cover

Idaho’s limit on noneconomic damages (Idaho Code 6-1603), its comparative fault rule (6-801), the notice and limits for claims against government entities (6-905, 6-906, 6-926) and the prelitigation screening process in medical malpractice cases (6-1001) are statutes this guide did not review. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Idaho

1. Hepworth Holzer, LLP

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

A leading Idaho personal injury firm. Because of Idaho’s § 6-1603 non-economic damages cap, 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.

3. Litster Frost Injury Lawyers

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

Does a family need a personal representative to sue in Idaho?

Not necessarily. Idaho Code 5-311 allows the action to be brought by the heirs or by the personal representatives.

Who counts as an heir?

The statute defines heirs for wrongful death purposes, and the definition includes specified family members and dependents. Whether a specific relative qualifies depends on that definition.

How long does the family have to file?

Two years for an action to recover damages for a death caused by a wrongful act or neglect, under Idaho Code 5-219(4).

Sources and Last Review

Idaho Code sections 5-219 and 5-311. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Idaho law, not legal advice about a specific death.