STATE LAW – IDAHO LIBRARY – GUIDE 20
Idaho Wrongful Death & Survival Claims
Fatal-crash claims involve wrongful-death, survival, probate, damages and insurance issues. The proper representative, beneficiaries, liable parties and available coverage should be identified early.
Idaho’s wrongful-death statute identifies the proper claimants
Idaho Code § 5-311 permits an action when a person’s death is caused by the wrongful act or neglect of another. The action may be maintained by the decedent’s heirs or personal representatives on behalf of the statutory beneficiaries identified by Idaho law.
Damages are those that are just under the circumstances
Section 5-311 authorizes damages that, under all the circumstances, may be just. Fatal-crash evaluation should therefore identify the statutory beneficiaries, financial dependence, household and family relationships, funeral and related economic loss, and other recoverable damages under current Idaho authority.
Wrongful death and survival are distinct
A wrongful-death claim compensates the statutory survivors for their own legally recognized losses. Claims belonging to the decedent or estate that survive death must be analyzed separately under Idaho law and should not be merged into the beneficiaries’ wrongful-death recovery.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Sources
Verify current Idaho law at the source
The reviewed Idaho guide content above is preserved. Use current statutes, insurance regulation, controlling cases and the operative policy before legal reliance.
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