Skaug Law: Experienced Wrongful Death Lawyers In Nampa
Updated August 2020
Nothing can make up for your loss, and our experienced wrongful death lawyers know just how much pain and suffering you are facing in every aspect of your life. Things will never be the same again, and you should be able to get reasonable compensation for the loss you are experiencing.
Every wrongful death case we work on is important to us because we realize just how affecting the loss of a loved one truly is.
Dessa lost her husband in a car crash when she was a young mother. All of the responsibilities of raising her family and maintaining the household fell on Dessa.
Their little toddler didn’t understand why Daddy wasn’t coming home again. Daddy would also never know the child he and Dessa were expecting.
“Bruce Skaug helped me win a generous settlement that is helping my kids’ futures,” said Dessa. “I trust Skaug Law. They really came through for me. And they’re wonderful friends.”
Having an experienced team on your side as you file a wrongful death can make all the difference; don’t go through this experience alone.
Experienced Wrongful Death Lawyers Fight For Compensation
Although financial compensation can never replace the relationship you lost, it may help you feel some justice has been done.
A compassionate personal injury attorney can work to quickly and efficiently secure the compensation needed to support your family during this difficult time.
By bringing a wrongful death lawsuit, you raise awareness and hold accountable those who were negligent.
With the help of a Nampa wrongful death lawyer, you help to make it safe for the next person and spare the next family the heartache of losing their loved one.
What Is A Wrongful Death Claim?
A wrongful death claim allows certain family members to seek compensation for the death of their loved ones from the parties whose negligent or reckless behavior caused the death.
The decedent’s spouse, children, stepchildren, and parents may all be entitled to make a claim, as well as any siblings who were dependent on them for support.
A wrongful death could occur from many different situations, including motor vehicle crashes, workplace accidents, defective consumer goods, or even slips and falls that result in severe injuries.
Medical malpractice by doctors and hospitals can also lead to wrongful death claims.
What Is The Deadline To File Your Claim?
In the state of Idaho, family members generally have two years from the date of death in which to file a lawsuit.
If the surviving estate does not file their claim within the deadline, they may be unable to seek compensation from the responsible party.
There are a few exceptions to the two-year deadline. It is best to speak to a seasoned attorney to learn about how exceptions may apply to your case.
Types Of Damages You Can Recover
A Skaug Law attorney is committed to carefully listening to your concerns, providing honest advice, and helping you receive justice.
Our experienced attorneys can help you win maximum compensation for all of the damages you have suffered, not just those easily calculated.
You may be entitled to restitution for lost income, medical costs, and loss of love and companionship.
A dedicated wrongful death attorney in Nampa could also help individuals recover compensation for damages such as:
- Cost of medical expenses incurred before death
- Funeral and burial expenses
- Loss of value of future income that the deceased would have provided
- Loss of household services that the deceased would have provided
Our attorneys are experienced in calculating the available damages and helping families recover compensation from the responsible party.
FAQs About Wrongful Death Lawyers
What Is A Wrongful Death Lawyer?
A wrongful death lawyer is a lawyer with experience in handling a wrongful death claim or lawsuit. When families lose a loved one due to negligence or misconduct, the funeral expenses and other punitive damages fall to them.
Wrongful death lawyers seek to prove the responsibility factor another party had in that wrongful death, and they do this to ensure your family can make it through their pain and suffering with as much support as possible.
How Do I Choose A Wrongful Death Lawyer?
Choosing a wrongful death lawyer is an important part of filing a wrongful death case; you want to make sure you choose a lawyer with the appropriate skillset and experience necessary to help you navigate your case.
In particular, it can be helpful to work through the following points when determining who you should bring on as your wrongful death lawyer:
- What is their background?
Having a lawyer with decades of experience gives you the benefits of their expertise. Get familiar with what our team of lawyers has to offer.
- How many wrongful death cases have they handled before?
Between our team at Skaug Law, we have around 100 years of accumulated experience in a variety of case types.
- What is their fee structure like?
Whether or not a lawyer charges upfront is important to know before you enter into a consultation, but you always want to be sure you know exactly how their fees will run. This is why we offer a free consultation. You don’t have to worry about paying anything, and we can explain exactly what to expect from our fee structure at that time.
- Are their testimonials positive?
There’s something to be said about a law firm that inspires its clients to leave behind a message about their positive experiences. Check out the testimonials from our Skaug Law team here.
- Have they told you what to expect during a wrongful death case?
You cannot confirm if a lawyer who seems good is the right fit until you talk with them. Our team at Skaug Law offers free consultations, so contact us today to find out how we can best work together!
By working through these points when determining which lawyer is going to be the best fit for your needs, you’ll be able to get a better idea of what to expect from their services. Here at Skaug Law, we have a variety of experienced lawyers who are available to support you on your journey.
How Do You Win A Wrongful Death Lawsuit?
In order to win a wrongful death lawsuit, there are two primary things that must be proven by you and your legal team.
First, it must be proven that the death of your loved one was caused by the negligent actions of another party and that the loved one themselves was not responsible for the death.
Second, it must be proven that the death of the loved one caused a measurable and unnecessary amount of pain, suffering, and damages.
How Much Can You Get For Wrongful Death?
As with all legal cases, there is no specific amount of money that can be won in a wrongful death case or received in a wrongful death case settlement. The amount of money that will be won in any case is going to be dependent on a number of factors:
- Degree of pain and suffering
- Medical bills
- Funeral costs
- Loss of income damages
These are just some of the factors that will be used to determine what a reasonable amount of compensation is in any wrongful death case.
Depending on how many of these factors apply and to what degree, your deserved compensation could increase dramatically. Working with an experienced lawyer on a wrongful death case can help ensure you get as much compensation as possible.
How Long Does It Take To Settle A Wrongful Death Case?
All lawsuits take time. Many cases are settled before they go to trial, but even achieving a settlement can take between one and two years. It is possible for some wrongful death lawsuits to take several years to be fully resolved.
Who Can Bring A Wrongful Death Suit?
In most areas, a wrongful death suit can only be filed by someone who is a representative of the deceased’s estate. Typically, the following hierarchy is followed:
- Filed on behalf of the surviving spouse
- If no spouse, then file on behalf of the victim’s children
- If no spouse or children, the victim’s parents may file
- If no spouse, children, or parents, the next nearest blood relative may file
If you are unsure if you are the right party to file a wrongful death lawsuit but you feel you deserve some type of compensation, contact our office for a free consultation to find out what can be done.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements are paid out based on the specific case, who is involved in the case, and what the court decision or settlement says. In most cases, the majority of the settlement will be paid by the insurance company of the other party. When the insurance limits have been met, the individual will then be responsible for the payout.
Who Pays For A Wrongful Death Lawsuit?
Wrongful death cases vary greatly; the final decision about who will cover court fees is likely made by the judge. In terms of paying for your own representation, our team at Skaug Law does not charge an upfront fee. You only pay attorney fees when you win your case, and the exact percentage that accounts for those fees will depend on the case type.
For personal injury cases, fees are usually around 33% while workers’ compensation injury cases are usually around 25%.
Do You Have To Claim A Wrongful Death Settlement On Your Taxes?
According to the IRS, most settlements received in wrongful death cases are not taxable. Some portion of the settlement, however, may be taxable. If punitive damages were awarded for part of the settlement, those may be taxable. To be sure you are handling the finances of a settlement properly, it is best to work with a CPA or accountant.
Does Insurance Cover Wrongful Death?
When your wrongful death case is against a private individual, it may be possible to receive compensation from their homeowner’s insurance policy. This compensation may be available whenever the accident or incident fits the umbrella “liabilities” premise of the individual’s policy.
While many homeowner’s insurance policies cover wrongful death scenarios, whether or not wrongful death is covered in an insurance policy is going to depend on that specific policy. It is important to be familiar with both your insurance policy and what other involved individuals’ policies may cover. You can often find out this information by calling the insurance company, and our team can also help you to gather this necessary information.
Let A Committed Nampa Wrongful Death Attorney Review Your Case
At Skaug Law, our lawyers often counsel clients to use some of the compensation money to start a scholarship in the name of their lost family member, fund a memorial, or do something meaningful with the money to honor their loved one. This can be a great source of healing and comfort.
Although money will not bring back your loved one, it can remove economic concerns from your shoulders during this stressful period of your life.
A wrongful death suit can help you hold the negligent parties accountable for their actions and give you the closure you need to move on with your life.
Legal intake professionals are available 24/7 by phone or chat. Initial consultations with an attorney are free. If you choose to continue with us, you only pay when you win your case. It doesn’t cost anything to see if we can help.