A wrongful death claim may be filed by anyone who feels their loved one died from injuries caused by the negligence or wrongful acts of another. To prove a wrongful death claim, a person needs the death certificate of the deceased, the medical report indicating the cause of death, testimony from the pathologist or medical examiner, witness testimonies, and any other evidence to show that the defendant was directly to blame for the wrongful death of the deceased.
Filing a Wrongful Death Claim
When someone close to you dies and you suspect their death was caused by the wrongful acts of another person or entity, you should hire a Boise wrongful death attorney to help you file a wrongful death claim in court. Basically, the spouse, children, parents, and stepbrothers/sisters of the deceased can file a wrongful death claim. In addition to that, any blood relatives and adopted sisters or brothers can file a wrongful death claim provided they can demonstrate that they were dependent on the decedent either partly or wholly for material support or services.
It is important to note that illegitimate children can also file a wrongful death suit in Idaho, provided the father had acknowledged them and accepted responsibility. A mother’s illegitimate child can also file a wrongful death suit if the mother dies as a result of the wrongful acts of another person.
During the hearings for a wrongful death claim, the defense team will seek to prove that the claim is illegitimate, since the plaintiff is not allowed under Idaho Law to file a wrongful death suit for one reason or another. If that flops, they will try to claim that the death was purely accidental and not a result of negligence on the part of the accused. If that fails, they will question the amount claimed as compensatory damages and punitive damages.
In many cases, the defense team usually approaches the plaintiff to negotiate a settlement if the case is not going their way. This can save them a lot of time and money. If the plaintiff refuses to settle, the defense team can always employ delay tactics and appeal the ruling to avoid paying the claim. That is why settling is always a good idea if the defense team has offered a decent sum a compensation. The Boise wrongful death attorney you hire can help you with the negotiations.