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The grief of losing someone you love is overwhelming enough without the pressure of legal deadlines. But if their death was caused by another person’s negligence, the clock is already ticking on your right to seek justice. In Idaho, you have two years from the date of death to file a wrongful death claim. Miss that window, and you likely lose your right to compensation entirely, no matter how strong your case. An Idaho wrongful death attorney can help you meet critical deadlines while you focus on your family.
Understanding Idaho’s Two-Year Deadline
Under Idaho Code § 5-219, the statute of limitations for wrongful death is two years. A critical point many families miss is that clock starts from the date of death, not the date of the accident or injury that caused the death.
This distinction matters when death doesn’t occur immediately. If someone is injured in a car accident and passes away three months later from those injuries, the two-year period begins on the date of death, not the date of the crash.
Claims Against Government Entities
If the wrongful death was caused by a government entity or employee, additional requirements apply. Under the Idaho Tort Claims Act, you must file a written notice of claim within 180 days of the death. This notice must be served on the appropriate government agency before you can file a lawsuit.
Failing to provide proper notice within the 180-day window can bar your claim entirely, regardless of the two-year statute of limitations. Given the shorter timeline and strict notice requirements, consulting an attorney quickly is essential for government-related claims.
Who Can File a Wrongful Death Claim in Idaho?
Idaho law specifies who may bring a wrongful death action. The personal representative of the deceased person’s estate typically files the claim on behalf of the surviving family members. Compensation recovered is distributed to eligible heirs, which may include the surviving spouse, children, and other dependents.
If no personal representative has been appointed, the court may appoint one specifically to pursue the wrongful death claim. Family members who believe they may have a claim should consult with an attorney to determine proper standing and estate administration requirements.
Exceptions to the Statute of Limitations
Limited exceptions may extend the filing deadline. If the defendant fled Idaho or concealed themselves to avoid service, the time during their absence may not count against the limitation period. If the wrongful death occurred due to circumstances that weren’t immediately apparent, the discovery rule may apply, potentially starting the clock when the wrongful conduct was discovered or should have been discovered.
These exceptions are narrowly interpreted. Relying on an exception without legal guidance is risky. It’s always best to file as soon as possible.
Don’t Wait to Seek Legal Help
While grieving is natural and necessary, time-sensitive legal requirements demand attention. Evidence can disappear, witnesses’ memories fade, and missing the statute of limitations eliminates your legal options entirely. At Johnson & Lundgreen, we’ve helped Idaho families pursue wrongful death claims for over 25 years. Contact us for a free consultation to discuss your case.