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| Wrongful Death in Idaho Falls |
All states have wrongful death laws, but they can range greatly
in application. Idaho uses a comparatively straightforward wrongful death
statute that says individuals who die by the "wrongful or negligent act of
another" individual have standing for a wrongful death legal action. The
standing is reassigned to either a family representative or specific family
members, with priority being designated first to the spouse and then on to
dependent children or other family members. However, the ordinary wording of
the law does not mean that wrongful death in Idaho Falls cannot be complicated
and strongly defended cases, and it is always essential to have an experienced
legal representative like the professionals at Thomsen Holman Wheiler PLLC Idaho Falls wrongful
death attorneys handling the claim.
Potential Damages
Damages in an Idaho wrongful death claim are extremely similar to the settlement in a personal injury lawsuit. Awards are not considered vindictive and it is not a criminal proceeding, as the financial remedy is always monetary and identified as compensatory damages. They are then detached among "economic" and "non-economic" awards based on the precise item of compensation. Compensation for particular associated bills and other definitive amount claims are economic, also known as "special" damages, while others that are attached to the family are non-economic lump sums. Allowable compensatory claims can contain medical bills, funeral and burial payments, and loss of family support for the spouse and dependent family members. In Idaho, non-economic awards are stopped at $250,000 per granted family member.
Proving Wrongful Death in Idaho Falls
The standard for proving wrongful death in Idaho Falls does not necessarily demand proving gross negligence as quite a few other states do. Still, the cap on non-economic damages counteracts extensive awards from a sympathetic jury in very egregious cases. Many times a wrongful death claim will be the consequence of a large truck accident, and the transportation company is often found liable for the damage payments along with a driver or a shipment contractor. The case details of wrongful death in Idaho Falls can have a powerful effect on the total financial award, and having an experienced attorney representing the case is vital for a favorable outcome.
Contact Thomsen Holman Wheiler PLLC
Wrongful death claims are definitely the most serious type of personal injury cases, and they are always powerfully defended even when valid. Idaho residents with possible standing to file should connect with Thomsen Holman Wheiler PLLC Idaho Falls wrongful death attorneys for comprehensive and attentive representation.
