Meridian Wrongful Death Representation From Investigation Through Trial
The Law Firm Of Johnson & Lundgreen represents Meridian families in wrongful death actions. Our Meridian wrongful death attorneys handle cases involving fatal motor vehicle collisions, medical malpractice, defective products, and other preventable causes of death. We work with accident reconstructionists, medical experts, and economists to establish liability and prove the full value of what the family has lost, including financial support, household services, and the relationship itself. Every case is taken on contingency, and we are prepared to try the case when insurers refuse to offer fair settlements. When you call Johson & Lundgreen for a free consultation you will speak to either Russ Johnson or Scott Lundgreen to evaluate your case. Then that attorney will be in charge and involved in all phases of your case.
Why Choose The Law Firm Of Johnson & Lundgreen?
Filing a wrongful death claim in Meridian requires a firm that understands Idaho’s specific rules on eligibility, damages, and deadlines. The Law Firm of Johnson & Lundgreen provides:
- More than 25 years of personal injury experience for each attorney, with Russ Johnson and Scott Lundgreen handling Idaho personal injury and wrongful death cases since the firm was founded in 1998
- Millions recovered for injured clients and grieving families across Idaho
- No fee unless we win, so you face zero financial risk
- Direct access to your attorneys throughout the entire case, not only a paralegal or case manager
- Russell L. Johnson is a certified trial lawyer and past president of the Idaho Trial Lawyers Association and has helped accident victims for over 25 years
- Scott Lundgreen practices only personal injury law and has done so for more than 25 years. He recently represented the children of a man killed by a drunk driver and forced the drunk to sell a million dollar property to compensate the victims
Our team has the financial resources to take on complex wrongful death litigation. We are committed to pursuing maximum compensation for every client we represent in Meridian and throughout the Treasure Valley.
Who Is Eligible to File a Wrongful Death Claim in Idaho?
Under Idaho Code §5-311, a wrongful death action may be brought by the heirs of the decedent or by a personal representative on their behalf. For wrongful death purposes, “heirs” include:
- The decedent’s surviving spouse, children, stepchildren, and parents, regardless of whether they were financially dependent on the deceased.
- Additional categories of relatives, including blood relatives and adoptive siblings, qualify as heirs only if they were partly or wholly dependent on the decedent for support or services.
Idaho’s wrongful death statute permits either the heirs or a personal representative, such as an executor or administrator, to bring the action, with no statutory requirement that one path take precedence over the other. This flexibility ensures that the people most affected by the loss have a clear legal route to seek accountability and compensation.
What Types of Damages Are Available in a Wrongful Death Case?
Idaho wrongful death claims allow for two primary categories of damages: economic and noneconomic. There is no cap on economic damages in Idaho. Economic damages cover measurable financial losses such as:
- Medical bills incurred before the death
- Funeral and burial expenses
- Lost future income
- The value of household services the deceased would have provided
Noneconomic damages compensate surviving family members for the loss of the deceased person’s companionship, comfort, guidance, and society. Idaho law places a cap on noneconomic damages that adjusts each year on July 1 based on changes in the average annual wage as calculated by the Idaho Industrial Commission. The current cap figure is published annually by the Commission. Contact our office or visit the Idaho Industrial Commission’s website for the most up-to-date amount.
The cap does not apply when the death resulted from willful or reckless misconduct, or when the trier of fact finds beyond a reasonable doubt that the conduct would constitute a felony under state or federal law. Both are important exceptions in cases involving drunk driving or other egregious conduct.
Under Idaho Code §5-327(2) and established Idaho Supreme Court precedent, an action for pain and suffering does not survive the death of the injured person. This means recovery for the decedent’s pre-death physical and emotional suffering is generally unavailable in a wrongful death claim. This makes it critical to build a thorough case that captures the full economic and relational impact of the loss.
How Do Wrongful Death Timelines Work in Idaho?
Idaho imposes a two-year statute of limitations for wrongful death claims under Idaho Code §5-219(4), measured from the date of the person’s death. If a claim is not filed within that window, the court will almost certainly dismiss it regardless of its merits. This deadline applies whether the death resulted from a car accident, truck collision, medical error, or any other form of negligence.
Claims involving a government entity require additional steps. You generally must file a tort claim notice within 180 days of the incident under Idaho Code §6-905, well before the two-year deadline. If the government entity denies the claim, you then have two years from the date the claim arose to file suit. Missing either deadline can bar your claim entirely, which is why consulting a Meridian wrongful death attorney as early as possible is essential.
How Do Wrongful Death and Survival-Type Damages Differ?
These two categories of damages serve different purposes and compensate for different losses. Wrongful death damages compensate the surviving family members for what they lost because of the death, including future income, companionship, and household contributions. Survival-type damages, by contrast, address the deceased person’s own losses between the time of the injury and death.
Survival-type damages in Idaho are limited to medical expenses actually incurred before death, other out-of-pocket costs, and earnings the deceased actually lost during that period. Pre-death pain and suffering is not recoverable. Understanding the distinction matters because a comprehensive wrongful death case should account for both the family’s forward-looking losses and the estate’s pre-death expenses to capture the full financial impact.
Wrongful Death Claims After a Drunk Driving Accident in Meridian
When a death results from a drunk driving accident in Meridian, the legal landscape shifts in the plaintiff’s favor in several important ways. Impaired driving often supports a finding of willful or reckless misconduct under Idaho Code §6-1603(4)(a), which, when proven, removes the noneconomic damages cap.
Families may also be eligible to pursue punitive damages, which are designed to punish the at-fault driver and deter similar conduct. Under Idaho law, punitive damages are subject to a statutory cap, which is the greater of $250,000 or three times the compensatory damages awarded. We explain punitive damages after a drunk driving crash in our DUI-punitive damages article.
A DUI-related wrongful death claim is separate from any criminal charges the driver may face. A criminal conviction for vehicular manslaughter can strengthen a civil case, but families do not need to wait for the criminal process to conclude before filing a civil action.
Under Idaho Code §18-4006(3)(b), evidence of a vehicular manslaughter conviction based on a DUI violation is expressly admissible in any civil action for damages arising from the same incident, including both guilty pleas and findings of guilt, even where judgment is withheld. This evidence can significantly bolster the family’s case for both compensatory and punitive damages.
Talk to a Meridian Wrongful Death Attorney Today
If your family has lost a loved one because of someone else’s negligence or reckless behavior, you deserve experienced legal representation that prioritizes your recovery. Contact The Law Firm Of Johnson & Lundgreen for a free case evaluation. You pay nothing unless we win.
Frequently Asked Questions
How long does a wrongful death lawsuit typically take in Idaho?
The timeline depends on the complexity of the case, the amount of available evidence, and whether the parties can reach a settlement. Some wrongful death cases resolve within several months through negotiation, while others require litigation and may take a year or longer to reach a conclusion.
Can multiple family members participate in a wrongful death claim?
Idaho law allows all eligible heirs to participate in a single wrongful death action. The personal representative of the estate typically files the claim on behalf of all heirs, and any damages recovered are distributed according to the heirs’ respective interests. This approach prevents multiple separate lawsuits arising from the same death.
Does the deceased person’s own fault affect the wrongful death recovery?
Idaho follows a modified comparative negligence standard. Under Idaho Code §6-801, if the deceased is found to be 50 percent or more at fault, meaning their fault is “as great as” the defendant’s, the family cannot recover any damages. If the deceased is less than 50 percent at fault, the total damages award is reduced by their percentage of responsibility.