Wrongful Death Lawyer

Someone you love died because of what another person or company did, and now there are forms, phone calls, and an insurance adjuster in the middle of the worst weeks of your life. None of that is what you want to be thinking about.

There are only two questions you actually need answered right now: whether you are one of the people Idaho allows to bring a claim, and how long you have to do it. Idaho’s answer to the first is broader than most families are told, and this page gives you both in plain language.

Our founder, Bill Smith, opened Smith Horras, a personal injury firm, in 2007, and partners with attorney Joe Horras and Ellen Smith to handle catastrophic injury and wrongful death claims in Idaho. Our Garden City team has more than 60 years of combined experience. Call 208-697-5555 or talk with us when you feel ready. The consultation is free, and there is no fee unless we recover for your family.

Why Clients in Idaho Choose Us:

• An Idaho family-owned firm serving the Treasure Valley and statewide since 2007.
• More than 60 years of combined legal experience, with trial and appellate work on the record.
• Joe Horras handles catastrophic injury, wrongful death, and insurance bad faith claims, and was prevailing counsel before the full Ninth Circuit Court of Appeals sitting en banc.
• Founder Bill Smith selected to Super Lawyers for Idaho personal injury, 2023 through 2026.
• Free consultations, and no attorney fee unless we recover for you.

What to Expect When You Work With Our Idaho Wrongful Death Lawyers

The honest answer to “what do we have to do” is: very little. Most of a wrongful death claim is work your family should not have to carry while grieving, so we carry it:

• Gather the police or coroner report, the death certificate, medical records, and any video before it is overwritten
• Send a preservation letter early when key evidence sits in someone else’s hands
• Identify every responsible party, since each one may carry separate insurance
• Deal with the insurer, so you are not negotiating while you are still grieving
• Prepare the case as though it will be tried, which is frequently what moves an insurer to a fair number

The decision to accept or reject any offer is always yours. Our job is to make sure you are making it with the full picture in front of you. Call us at 208-697-5555 or talk with us when you feel ready. You pay nothing up front. We work on contingency, so our fee comes out of what we recover, and if we recover nothing, you owe us nothing. 

The Idaho Laws That Decide a Wrongful Death Claim

Idaho Code § 5-311 allows a claim when a death is caused by the wrongful act or neglect of another. It does not have to be intentional or criminal, only a death that somebody’s carelessness caused. Three rules then decide whether your family can bring that claim and what it is worth.

If you are a stepchild, a dependent sibling or parent, or a spouse whose marriage was later questioned, you may hold a claim you have been told you do not have.

How Long Your Family Has to File a Claim in Idaho

Your family has two years to file in most cases. Almost nobody explains where that comes from: Idaho’s wrongful death statute, § 5-311, contains no deadline of its own, so the two years comes from Idaho Code § 5-219(4), which covers “the death of one caused by the wrongful act or neglect of another.” Idaho does not offer a general discovery-rule extension.

One situation runs far shorter and ends claims that would otherwise be good: if a government entity is responsible, written notice is due within 180 days to the Secretary of State for a claim against the State or to the clerk or secretary of a city, county, school, or highway district otherwise, and both run from when the claim arose or reasonably should have been discovered. Idaho Code § 6-908 says a missed notice means no claim is allowed at all.

If there is any chance a public body was involved in your loved one’s death, that is worth a call this week.

The Limits Idaho Places on a Wrongful Death Recovery

Idaho Code § 6-1603 caps non-economic damages at an amount recalculated every July 1, and it applies to wrongful death expressly. It has no effect on economic damages, and it lifts where the conduct was willful or reckless. Separately, if a government entity is responsible, § 6-926 caps its combined liability at $500,000 including costs and fees, and that figure does not rise with the number of heirs, so a family of five shares one ceiling.

Testimonials reflect individual experiences. Prior results do not guarantee a similar outcome.

How Wrongful Deaths Happen in Idaho

These claims come out of the situations our practice handles every day:

• Motor vehicle collisions, including car accidents, motorcycle crashes, pedestrian accidents, and bicycle crashes
• Commercial truck crashes, which bring federal rules and multiple insurers
• Fatal falls and unsafe property conditions
• Workplace and construction incidents, where a third-party claim often survives
• Medical negligence, which requires a prelitigation screening panel first
• Defective products, where preserving the product matters immediately
• Dog bites and animal attacks

If what happened to your family is not on this list, tell us anyway. See our full Idaho injury practice areas.

What Your Family Can Recover From a Wrongful Death Case

Idaho’s statute does not hand you a checklist. It says damages may be given “as under all the circumstances of the case as may be just,” which leaves room to prove the loss as it actually was. In practice, a claim seeks:

• Economic losses: Funeral, burial and cremation costs; medical and ambulance expenses between the injury and the death; the income and benefits your loved one would have provided; and the value of the household services they performed, which is defined in the statute itself and is routinely undercounted.
• Non-economic losses: The care, comfort, companionship and guidance that no invoice captures.
• Punitive damages: In rare cases only, on clear and convincing evidence of oppressive, fraudulent, malicious or outrageous conduct. Idaho does not allow them to be requested in the original complaint, so nobody can promise them at the outset.

There is no standard figure for any of this, and you should be wary of anyone who offers one. If your loved one survived for a time before dying, ask us about the estate’s separate claim, which is narrower than most families expect.

For more on how these losses are valued, see what an injury claim is worth and the types of damages you can claim.

Where We Handle Idaho Wrongful Death Claims

Our office is at 5561 N. Glenwood Street in Garden City, and we take wrongful death cases across the Treasure Valley and throughout Idaho.

• Garden City, Boise, Meridian, Eagle, Kuna, and Star are in Ada County, which sits in Idaho’s Fourth Judicial District. The Ada County Courthouse is at 200 West Front Street in Boise
• Nampa and Caldwell are in Canyon County, which sits in Idaho’s Third Judicial District. The Canyon County Courthouse is at 1115 Albany Street in Caldwell
• We also represent families in Mountain Home, Twin Falls, Idaho Falls, Pocatello, Coeur d’Alene, Lewiston, and communities across the state.

Questions Families Ask Us

What If the Person Who Died Was Partly at Fault?

It usually does not end the claim. Idaho follows modified comparative negligence, so a claim survives as long as your loved one’s share of the fault was not as great as the other party’s, with damages reduced by their percentage. At exactly 50 percent, there is no recovery. Where several parties are involved, Idaho compares fault against each of them individually rather than against all of them combined.

Can Several Family Members Each File Their Own Lawsuit?

This is a question we sort out at the start rather than one you need to resolve yourself. Where several heirs hold a claim, part of our job is working out who brings the action and how any recovery is shared, so that the family is not fighting itself while also fighting an insurer. Tell us about your loved one and your family, and we will explain how it would work in your situation.

What Happens If the Person Responsible Has Little or No Insurance?

There may still be recovery available. Uninsured and underinsured motorist coverage on your own or your loved one’s auto policy can apply in a fatal crash, and Idaho requires that coverage on most policies unless it was rejected in writing. There may also be other responsible parties with their own coverage, which is why identifying everyone involved matters so much.

How Long Does a Wrongful Death Case Take?

It depends on how clearly responsibility can be established and whether the insurer disputes it. Straightforward claims can resolve in months. Cases involving multiple defendants, a government entity, or a disputed cause take considerably longer. We will give you a realistic picture for your specific situation at the first conversation rather than an optimistic one.

Do We Have to Go to Court?

Usually not. Most wrongful death claims settle. We prepare every case as though it will be tried, and that preparation is often what produces a fair settlement without a trial. If a case does need to be filed, we will walk your family through exactly what that involves before anything happens.

What Does It Cost to Hire an Idaho Wrongful Death Lawyer?

Nothing up front. We work on contingency, so our fee is a percentage of what we recover, and if there is no recovery, you owe us nothing. The first conversation is free.

What If There Is Also a Criminal Case?

The two run separately. A criminal prosecution is brought by the state to punish, and it does not compensate your family. A wrongful death claim is yours to bring, uses a lower standard of proof, and is about your losses. A criminal case can affect the timing of a civil claim, and evidence developed in one can sometimes help the other, but you do not have to wait for a verdict to protect your rights.

Can We Still Bring a Claim If an Insurer Already Paid Something?

Possibly, and it depends entirely on what was signed. A payment for funeral costs or a property damage settlement usually does not end an injury or death claim. A signed release very well might. Before you accept anything further, let us read the paperwork. See also whether an insurance company’s offer is enough and what not to say to an insurance adjuster.

Talk to an Idaho Wrongful Death Lawyer

If you are not sure whether you have a claim, or whether you are one of the people allowed to bring one, that is reason enough to call. We will tell you honestly what we think, including if we think there is nothing here worth pursuing.

Call 208-697-5555 or request a free consultation. We answer 24/7, and there is no fee unless we recover for your family.

Attorney Advertising. Prior results do not guarantee a similar outcome. Testimonials reflect individual experiences. Every case is unique, and the value of any claim depends on its specific facts. This page is general information and is not legal advice.