Q Who can file a lawsuit for wrongful death in Idaho?
In Idaho, when a person is killed due to the responsibility or negligence of another, the personal representative of the decedent’s estate may bring an action against the party responsible for the wrongful death on behalf of the heirs to the estate.
In addition to the personal representative, the following persons may also have "standing" to file a lawsuit for wrongful death in Idaho when a loved one is killed due to the negligence and responsibility of another, namely:
1) The decedent’s spouse;
2) The decedent’s children;
3) The decedent’s stepchildren;
4) The decedent’s parents;
5) The decedent’s blood relatives or adoptive brothers and sisters that are dependent in one way or another upon the decedent for support and services; or
6) In the case the decedent had a last will and testament, any heir of the decedent named in the will; or
7) In the case the decedent died without a will, then any person identified as an heir based upon intestate succession as set forth in subsection 22 of Idaho Code § 15-1-201.
Since minor children do not have standing to sue in Idaho, a person designated as a "guardian ad litem" shall be appointed by the Court to represent the minor child in any proceeding for wrongful death.
If you or a loved one have suffered the loss of a loved one due to the responsibility or negligence of another person or entity, you should consult with an experienced personal injury and wrongful death attorney. Boise Personal Injury and Trial Attorney Alan Morton has over 31 years of experience in helping victims of personal injury and wrongful death seek compensation for injuries and damages due to the negligence and responsibility of others. Mr. Morton can be reached at 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form. Mr. Morton is available to meet with you at his office or at your home, workplace, hospital or any other convenient location to discuss with you the facts of your case and to help you better understand your legal rights and remedies.