Idaho Wrongful Death Laws

The Idaho wrongful death law can be found in Idaho Code § 5-311.  Pursuant to the section, when the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death.  Heirs include the decedent’s spouse, children, stepchildren, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters.  It includes the illegitimate child of a mother, but not the illegitimate child of the father unless the father has recognized a responsibility for the child’s support.  If the wrongdoer dies, an action can be maintained against the personal representative of such wrongdoer.  The court awards damages that they consider just.


Inside Idaho Wrongful Death Laws