Idaho Wrongful Death Questions & Answers

Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on
Answered on Apr 14, 2019
Kurt Holzer's answer
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...

Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Answered on Sep 11, 2018
Peter N. Munsing's answer
Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on
Answered on Mar 5, 2018
Peter N. Munsing's answer
The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

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