Dealing With A Wrongful Death Claim

For a deceased plaintiff, the question involves not only when the plaintiff dies, but what caused the death, and what type of claims exist. As a general rule, the decedent’s claims belong to the estate, and thus a personal representative or special administrator should be appointed to pursue the claims. However, personal injury or property... View Post

Intricacies of Dealing with Deceased Parties

Personal injury and property damage claims survive death, but only in a limited fashion. Under Idaho Code § 5-327(1), punitive and exemplary damages are barred when sought against a decedent (i.e., the deceased defendant). DAMAGES AND CLAIMS THAT ABATE ON DEATH OF THE CLIENT Under Idaho Code § 5-327(2), a deceased plaintiff’s personal injury and... View Post