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Idaho Wrongful Death Questions & Answers

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on

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.

Kurt Holzer answered on Apr 14, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on

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

therapist that brother started fire and the mom was not home. Is the therapist mandated to report the incident?

Peter N. Munsing answered on Sep 11, 2018

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.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on

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

to the exact procedure he was going to perform, not the general inherent risk of death with all surgery, and the patient died. Then right after the surgery, while the patient was still bleeding to death in the operating room the surgeon admitted to the family that he “never should have done the... Read more »

Peter N. Munsing answered on Mar 5, 2018

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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