THE IDAHO WRONGFUL
DEATH LAWYERS

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HOW WRONGFUL DEATH MAY OCCUR

Medical Mistakes

Doctors have a responsibility to monitor the health conditions of their patients. This includes knowing the risks of medication and making certain that they do not misdiagnose, delay, or improperly treat illness; fail to administer medication when necessary; or fail to provide post-treatment care.

Vehicular Homicide

Speeding, driving while intoxicated, reckless driving, or distracted driving are considered negligent actions and place the at-fault driver in a position of responsibility. Your attorney can help you determine if the driver of the vehicle that caused death should be held liable in a monetary lawsuit.

Product Defects

Safeguards set in place by government oversight and regulations are often imperfect, resulting in defective and potentially dangerous items reaching unsuspecting consumers. These products can include automobiles whose brakes fail, medical devices that do not perform well, and household chemicals that become deadly.

Prescription Errors

Because of the importance and chemical potency of prescription medications, there is little room for error. Both the manufacturer and the pharmacy are fully responsible for any error on their part. If their mistake causes cardiac arrest, internal bleeding, brain trauma, poisoning, or disruption of normal bodily functions, resulting in death, the families of the victim may be entitled to financial compensation for their loss.

Workplace Accidents

Despite the risks, a person’s workplace should be safe. If your loved one dies from company negligence, employers may be held legally liable for wrongful death.

* While these are not the only causes of wrongful death, these are very common.

HOW
TO MAKE
YOUR CASE

01

Police Reports

A police report will contain information about the accident, including a description of the location where it occurred, statements taken, and known physical evidence. Without a police report, it’s merely your word against the other party’s.

Proof of Financial Worth

This may include:

Tax Returns or other official records showing the financial worth of the dead individual to his or her dependents

Paychecks and other records from work showing how much the person made, allowing you to calculate the potential lost wages the death represents
02

Medical Records & More

Including:

Complete medical records for your loved one

Death certificate which provides an accurate and exact cause of death

Autopsy report which includes additional information

03

04

Evidence of Relationship

Evidence of a relationship between the dead individual and the person who was supposed to be caring for him or her, which indicates the duty of the latter person to provide that care (e.g. a doctor).

HOW AN EMPLOYER MAY BE HELD LIABLE

01

Hiring Unqualified Workers

For example, all workers are required by OSHA to be trained to work with or near electrical equipment. At times this requirement may be overlooked when contractors and their personnel are electricians, but they aren’t fully qualified by OSHA’s standards; each worker must receive proper training. Otherwise the employer may be guilty of negligent hiring.

Failing to Provide Adequate Safety Equipment

When necessary, gloves and eye protection must be provided. Employers failing to keep standard safety equipment, such as first-aid kits, on hand may be held liable for an accident.
02

Failing to Maintain Machinery

Equipment and machinery must be inspected regularly. Also, maintenance must take place according to OSHA regulations.

03

04

Failing to Provide Adequate Training

Employees must be educated on their roles, workplace hazards, and health and safety procedures. The goal of this training is to ensure that all employees, including management staff, have the ability to work safely while being aware of hazards and how to report and control them.

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WHAT ARE THE POSSIBLE

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NON-ECONOMIC
DAMAGES

Idaho limits non-economic damages to $250,000 per person. In the case of wrongful death, these non-economic damages include compensation for the loss of care, love, and society. Pain and suffering damages, though, are not awarded in wrongful death claims.

 

The deceased’s spouse, children, stepchildren, and parents have the right to file a lawsuit. Children can claim loss of guidance and parenting. Meanwhile, a spouse may receive damages involving loss of companionship.