Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?
We want to get all we can for these orphaned kids. But I the mother would also like to sue for wrongful death. Comments. Kids are most important period.
A: First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the personal representative of the estate of the decedent or individually by the various claimants. In this case, the claims of the minor children can be brought by their legal guardians. You can learn more here https://hepworthholzer.com/practice_areas/wrongful-death-attorneys/
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