When a person has sustained fatal injuries in a car or on the job accident or due to medical negligence, his or her loved ones may be able to seek compensation for his or her death. A wrongful death claim is similar to a personal injury claim, except the injured party isn’t available to file it. If your loved one has died due to injuries in an accident or due to medical negligence, here is some information you need to know.
Who Can File Claim?
Under Idaho law, the family members, heirs, or personal representative of the deceased can file a wrongful death claim. Along with seeking compensation for expenses incurred because of an accident or negligence, family members and heirs can seek compensation for damages they have suffered due to the loss of their loved one. To file a claim, you should contact a wrongful death law attorney in Pocatello, ID.
Types of Compensation
Both economic and non-economic damages can be sought in a wrongful death claim. Economic damages, which have no limitations, include:
* Medical expenses due to the fatal illness or injury
* Funeral and burial costs
* Loss of income or support for family members who depended on the deceased.
* Loss in terms of the reasonable value for household services provided by the deceased.
Non-economic damages are not necessarily quantifiable and, as a wrongful death law attorney can advise you, they are meant to provide family members with compensation for the loss of the deceased’s “care, comfort, and society.” There is a cap of $250,000 per family member for these damages.
Statute of Limitations
A wrongful death law attorney should file a claim in the state of Idaho within two years of the date of death. However, since there are factors that can delay filing a claim, it is best to contact us to discuss your case.