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How to Win a Wrongful Death Case in Idaho

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Your daughter died because a drunk driver crashed into her on US 30. Understandably, you want justice. You want the person to pay for his mistakes and to be held responsible for taking your daughter’s life away all too soon. Whether or not the driver is facing criminal charges, as the parent of the victim, you can file a civil suit for wrongful death. While there is no jail time associated with wrongful death convictions, the guilty party will be ordered to pay reparations.

You may believe that the person who got behind the wheel while intoxicated is guilty beyond a doubt, but the court needs more than just your opinion in order to convict. Idaho law is very specific in what it requires to prove that someone is guilty of wrongful death.

What You’ll Need to Prove a Wrongful Death Case

With the help of a skilled lawyer, you may be able to win your case by proving:

  • Negligence. The cornerstone of your wrongful death case is negligence, which is defined as the failure to use reasonable care in any situation. For instance, getting behind the wheel after having too many drinks could be defined as negligence. Proving negligence holds the person responsible for his careless actions.
  • The defendant was acting carelessly. In order to prove negligence, you’ll need to show that the driver was in fact acting carelessly. Evidence that the driver’s blood alcohol content level was above the legal limit, or having eye witnesses testify that the driver was operating the vehicle in an unsafe manner could prove carelessness.

You’ll Need the Help of an Experienced Attorney

Wrongful death cases are civil, which means liability is paid in monetary terms. The defendant won’t go to jail, but can be ordered to pay the surviving family for damages, if found guilty.

Proving guilt in wrongful death cases is a complex process. If you attempt to do it all on your own, your case will likely end with disappointing results. Hiring an experienced attorney from the Morton Law Offices just makes sense. We can increase your chances of winning, which can help you move on with your life. Contact us today to request your FREE consultation.

Category: Wrongful Death


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