Idaho Wrongful Death Attorneys

When a Loved One Dies Due to Someone Else’s Negligence

Losing a family member is devastating. When that loss results from someone else’s negligence or wrongful conduct, the pain is compounded by the injustice of preventable tragedy. At Gariepy Law Offices, we understand the profound grief your family is experiencing. We also understand that you may face significant financial hardship following your loved one’s death. Our compassionate Idaho wrongful death lawyer, Daniel M. Gariepy, is here to help your family pursue justice and the compensation you deserve.

With offices in Twin Falls, Burley, and Ketchum, we have spent over 30 years fighting for the rights of grieving families throughout Southern Idaho. We know Idaho’s wrongful death laws inside and out, and we’re committed to holding negligent parties accountable while providing your family with the support and guidance you need during this difficult time.

Why Choose Gariepy Law Offices for Your Wrongful Death Claim?

When your family is facing the loss of a loved one, selecting the right legal representation is one of the most important decisions you’ll make. At Gariepy Law Offices, we bring decades of experience, deep knowledge of Idaho law, and genuine compassion to every wrongful death case we handle.

Unlike larger firms where your case becomes just another file number, we provide personalized attention and hands-on representation. Dan Gariepy and our experienced team will work directly with your family to understand your loved one’s life, your family’s needs, and the full extent of your losses. We conduct thorough investigations, consult with medical and financial experts, and negotiate assertively with insurance companies and defendants who want to minimize their liability.

Insurance companies and large corporations have teams of lawyers working to protect their interests. Your family deserves equally dedicated legal representation. We won’t settle for less than your family deserves, and we’re prepared to take your case to trial if necessary to secure justice.

With Gariepy Law Offices you get:

• Local Advantage: We know the Twin Falls and Magic Valley courts, judges, and insurance companies. We understand the local community and how juries in our area think.
• Idaho Wrongful Death Law Expertise: We understand Idaho Code Section 5-311, comparative negligence rules, damage caps, and all the nuances of Idaho’s wrongful death statutes.
• Personal Attention: You’ll work directly with Dan Gariepy, an experienced personal injury lawyer who keeps your family informed every step of the way.
• Compassionate Approach: We recognize that no legal process can undo your loss, but we’re committed to helping your family move forward with financial security and the knowledge that justice has been pursued.

If your family has lost a loved one due to someone else’s negligence, reach out today to schedule a free consultation. There’s no cost and no obligation. That’s why so many grieving families trust us when searching for a wrongful death attorney in Twin Falls and Southern Idaho.

Understanding Idaho Wrongful Death Law

Idaho law recognizes that when a person dies as a result of another person’s wrongful act or negligence, the surviving family members and the deceased person’s estate have the right to pursue compensation. This legal remedy serves two important purposes: it holds the responsible party accountable for their actions, and it provides financial support to help surviving family members cope with their loss.

Who Can File a Wrongful Death Lawsuit in Idaho?

Under Idaho Code Section 5-311, specific family members and the estate have the legal right to file a wrongful death claim. These include:

• The surviving spouse
• Children (including stepchildren and adopted children)
• Parents
• Blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services
• The putative spouse (surviving spouse of a void or voidable marriage who believed in good faith that the marriage was valid)
• The personal representative or executor of the deceased person’s estate

The personal representative or executor holds any compensation recovered and distributes it to heirs and beneficiaries according to Idaho law or the deceased person’s will.

How Long Do I Have to File a Wrongful Death Suit?

Time is critical in wrongful death cases. Under Idaho Code Section 5-219, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. If your case involves a government entity (such as a city vehicle or accident on public property), a separate notice of claim must be filed within 180 days under the Idaho Tort Claims Act.

Missing this deadline can permanently bar your family’s right to pursue compensation, regardless of how strong your case may be. This is why it’s essential to contact an experienced wrongful death attorney as soon as possible after your loved one’s death.

Comparative Negligence in Wrongful Death Cases

Idaho follows a modified comparative negligence rule. If the deceased was found to be 50 percent or more at fault for the incident that caused their death, the wrongful death claim may be barred entirely. However, if the deceased was less than 50 percent at fault, your family can still recover damages, though any award will be reduced by the percentage of fault assigned to the deceased.

For example, if your family is awarded $200,000 in damages but the deceased is found to be 25 percent at fault, your family would receive $150,000 (reduced by 25 percent). Our experienced attorneys will work to minimize any comparative negligence findings and maximize your family’s recovery.

Types of Damages in Idaho Wrongful Death Cases

Idaho law allows families to recover both economic and non-economic damages in wrongful death cases. The goal is to compensate your family for the financial losses and emotional suffering caused by your loved one’s death.

Economic Damages

Economic damages are based on concrete financial losses and can be documented through receipts, bills, and financial records. These may include:

• Funeral and Burial Expenses: The costs of funeral services, burial or cremation, and related expenses.
• Medical Expenses: Emergency medical treatment, hospital stays, surgeries, and any medical care provided before your loved one’s death.
• Lost Wages and Income: The income your loved one would have earned had they lived, including lost wages during the period between injury and death, and lost future earning capacity.
• Loss of Financial Support: The financial contributions your loved one provided to the family, including contributions for housing, food, education, and other necessities.
• Loss of Services: The value of household services, childcare, and other tasks your loved one regularly performed that will now require paid services or create additional burden on surviving family members.

Non-Economic Damages

Non-economic damages compensate your family for intangible losses and emotional suffering. These include:

• Loss of Companionship: The loss of your loved one’s presence, affection, and emotional support.
• Loss of Consortium: For spouses, the loss of marital benefits, intimacy, and the relationship itself.
• Mental Anguish and Emotional Distress: The grief, anxiety, depression, and psychological suffering experienced by surviving family members.
• Loss of Parental Guidance: For children who lost a parent, compensation for the loss of guidance, instruction, and parental care.
• Loss of Child-Rearing Services: For parents who lost a child, compensation for the loss of the child’s companionship and services.

Damage Caps in Idaho

Idaho law places a cap on non-economic damages in medical malpractice cases. As of 2025, this cap is approximately $500,000, adjusted annually for inflation. However, economic damages such as medical bills, funeral expenses, and lost wages are not capped. In non-medical malpractice wrongful death cases, there is generally no cap on total damages.

In particularly egregious cases involving reckless or intentional misconduct, families may also seek punitive damages to punish the defendant’s conduct, though these are only awarded under strict standards set by the court.

How Gariepy Law Offices Can Help. Don’t Face This Alone

Navigating a wrongful death claim while grieving is overwhelming. Insurance companies and defendants have experienced legal teams working to minimize their liability and reduce the compensation your family receives. Your family deserves equally dedicated legal representation.

At Gariepy Law Offices, with offices in Twin Falls, Burley, and Ketchum, we’re here to stand up for your family’s rights and ensure you’re treated fairly during one of the most difficult times in your life.

When you hire our firm, we will:

• Conduct a thorough investigation into the circumstances surrounding your loved one’s death, gathering all evidence needed to establish liability and support your claim.
• Consult with medical experts, accident reconstructionists, and financial specialists to accurately evaluate the full extent of your family’s losses, including lost earning capacity and the value of services your loved one provided.
• Take over all communications with insurance providers and defendants to ensure your family isn’t pressured into accepting inadequate settlements.
• Calculate the true value of your claim based on both economic losses and the emotional suffering your family has endured.
• Pursue a settlement that reflects the full extent of your losses, not just what the insurance company wants to offer.
• Prepare to take your case to court if negotiations fail, because we’re not afraid to litigate when it means securing justice for your family.

With Gariepy Law Offices in your corner, your family won’t have to fight this battle alone. We’re here to help you move forward with confidence and financial security.

Call Gariepy Law Offices today at (208) 726-4824 to schedule your free consultation.

Common Causes of Wrongful Death in Idaho

Wrongful death can result from many different types of incidents. Understanding the common causes helps families recognize when they may have a valid claim.

Motor Vehicle Accidents

Car accidents remain one of the leading causes of wrongful death in Idaho. In 2023, Idaho experienced 27,679 motor vehicle crashes, resulting in 275 fatalities and injuring 11,859 individuals. This marked a 28 percent increase in traffic-related deaths compared to the previous year, making it the deadliest year on Idaho roads in two decades. Many of these deaths were preventable, often stemming from driver negligence such as distracted driving, impaired driving, aggressive driving, failure to yield, and poor weather-related decisions.

Medical Malpractice

When a healthcare provider’s negligence or failure to provide appropriate care results in a patient’s death, surviving family members may have a wrongful death claim. This can include surgical errors, misdiagnosis, medication errors, failure to diagnose, and inadequate monitoring.

Workplace Accidents

Deaths resulting from unsafe working conditions, failure to follow safety regulations, defective equipment, or employer negligence may give rise to a wrongful death claim. Workers’ compensation may provide some benefits, but a wrongful death lawsuit against a negligent third party may provide additional recovery.

Product Liability

When a defective or dangerous product causes a person’s death, the manufacturer, distributor, or seller may be held liable. This includes defective vehicles, machinery, medications, and consumer products.

Premises Liability

Deaths resulting from unsafe conditions on someone else’s property, such as inadequate security leading to criminal assault, failure to maintain safe conditions, or failure to warn of known hazards, may result in a wrongful death claim.

Criminal Acts

When a person’s death results from criminal conduct by another person, the victim’s family may pursue both criminal prosecution and a civil wrongful death lawsuit. These are separate legal proceedings, and a defendant can be sued for wrongful death in civil court while facing criminal charges related to the same death.

What to Do After a Loved One’s Death

If your loved one has died due to someone else’s negligence or wrongful conduct, taking the right steps immediately can significantly impact your family’s ability to recover compensation.

1. Seek Medical Care and Report the Death: Ensure that the death is properly documented by medical professionals and reported to appropriate authorities. An official death certificate and medical records are important evidence.
2. Report the Incident to Law Enforcement: If the death resulted from an accident or criminal conduct, contact law enforcement so that an official report is filed. This document often includes key details such as fault assessments, witness statements, and diagrams that can serve as valuable evidence.
3. Preserve Evidence: If it’s safe to do so, preserve any evidence related to the incident. Take photographs of the scene, accident damage, hazardous conditions, or other relevant details. Collect names and contact information for any witnesses.
4. Avoid Discussing Fault: Do not apologize or make statements that could be interpreted as admitting responsibility. When speaking with law enforcement, insurance adjusters, or other parties, focus on describing the facts without assigning blame.
5. Speak with a Wrongful Death Lawyer Before Dealing with Insurance Companies: Insurance adjusters may contact your family quickly with settlement offers that don’t reflect the full extent of your losses. Before you sign anything or make a recorded statement, consult with an experienced wrongful death attorney. The legal team at Gariepy Law Offices can help your family understand your rights and ensure that you’re treated fairly throughout the claims process.
6. Document Your Losses: Keep records of all expenses related to your loved one’s death, including funeral costs, medical bills, and lost income. Also document the emotional impact on your family and any changes to your family’s circumstances.

Speak With an Idaho Wrongful Death Lawyer Today

If your family has lost a loved one due to someone else’s negligence or wrongful conduct in Twin Falls, Burley, Ketchum, or anywhere in Southern Idaho, don’t wait to get legal help. The sooner we get involved, the stronger your case will be, and the better we can protect your family’s rights.

Call Gariepy Law Offices today. We have three convenient locations in Twin Falls, Burley & Ketchum to best serve you. Call us 24/7 at (208) 726-4824 or write to us using the contact form on this page. Let us handle the legal fight so your family can focus on healing and moving forward.

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Frequently Asked Questions About Wrongful Death Claims in Idaho

What is the difference between a wrongful death claim and a personal injury claim?

A personal injury claim is filed by the injured person themselves while they are still alive. A wrongful death claim is filed by surviving family members or the estate after someone has died as a result of another person’s negligence or wrongful conduct. Wrongful death claims seek to compensate the family for their losses, including lost income, funeral expenses, and emotional suffering.

How long do I have to file a wrongful death lawsuit in Idaho?

Under Idaho Code Section 5-219, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. If the case involves a government entity, a notice of claim must be filed within 180 days. Missing these deadlines can permanently bar your family’s right to pursue compensation.

Can I still recover if my loved one was partially at fault?

Yes. Idaho uses a modified comparative negligence rule. If your loved one was less than 50 percent at fault, your family can still recover damages, though any award will be reduced by the percentage of fault assigned to the deceased. If your loved one was 50 percent or more at fault, the claim may be barred.

What if the person responsible for my loved one’s death was also killed?

You can still pursue a wrongful death claim against the personal representative or estate of the person who caused your loved one’s death. The claim can proceed even if the wrongdoer dies before or after your loved one’s death.

How much does it cost to hire Gariepy Law Offices?

We work on a contingency fee basis. That means no upfront cost and no out-of-pocket expenses for your family. We only get paid if we recover money for you. This allows your family to pursue justice without worrying about legal fees during an already difficult time.

How is compensation distributed after a wrongful death settlement or verdict?

Generally, the personal representative or executor of the deceased person’s estate receives the compensation and distributes it to heirs and beneficiaries according to Idaho law or the deceased person’s will. Our attorneys can explain how compensation will be distributed in your specific situation.

Can I pursue both a criminal case and a civil wrongful death lawsuit?

Yes. A defendant can be prosecuted criminally for causing your loved one’s death while also being sued civilly for wrongful death. These are separate legal proceedings with different standards of proof. A criminal conviction is not required to pursue a civil wrongful death claim.

What if the responsible party doesn’t have insurance?

Even if the at-fault party lacks sufficient insurance, you may still have a path to recovery. You may be able to pursue a claim against the defendant’s personal assets, or if the death resulted from a motor vehicle accident, you may have uninsured or underinsured motorist coverage available through your own insurance policy.

Do I need to hire a lawyer for a wrongful death claim?

While you have the legal right to represent yourself, wrongful death cases are extremely complex and involve significant amounts of money. Insurance companies and defendants have experienced legal teams working to minimize compensation. An experienced wrongful death attorney can help your family navigate the legal process, maximize your recovery, and ensure your rights are protected.

Will my case go to trial?

Most wrongful death claims settle without going to trial. However, if the insurance company or defendant won’t make a fair offer, we’re fully prepared to litigate and take your case to trial to secure the justice your family deserves.

How long does a wrongful death case typically take?

The timeline varies depending on the complexity of the case, the extent of your injuries, and whether the case settles or goes to trial. Some cases settle within months, while others may take a year or more. Our attorneys will keep your family informed about the expected timeline for your specific case.

Do you handle other types of wrongful death cases?

Yes. We handle wrongful death claims resulting from various types of incidents, including motor vehicle accidents, medical malpractice, workplace accidents, product liability, premises liability, and criminal acts. If your loved one’s death resulted from someone else’s negligence or wrongful conduct, we can help.