Idaho State Statutes - Idaho Attorney Directory

SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL
REPRESENTATIVES -- DAMAGES. (1) When the death of a person is caused by the
wrongful act or neglect of another, his or her heirs or personal
representatives on their behalf may maintain an action for damages against the
person causing the death, or in case of the death of such wrongdoer, against
the personal representative of such wrongdoer, whether the wrongdoer dies
before or after the death of the person injured. If any other person is
responsible for any such wrongful act or neglect, the action may also be
maintained against such other person, or in case of his or her death, his or
her personal representatives. In every action under this section, such damages
may be given as under all the circumstances of the case as may be just.
(2) For the purposes of subsection (1) of this section, "heirs" mean:
(a) Those persons who would be entitled to succeed to the property of the
decedent according to the provisions of subsection (21) of section
15-1-201, Idaho Code.
(b) Whether or not qualified under subsection (2)(a) of this section, the
decedent's spouse, children, stepchildren, parents, and, when partly or
wholly dependent on the decedent for support or services, any blood
relatives and adoptive brothers and sisters. It includes the illegitimate
child of a mother, but not the illegitimate child of the father unless the
father has recognized a responsibility for the child's support.
1. "Support" includes contributions in kind as well as money.
2. "Services" mean tasks, usually of a household nature, regularly
performed by the decedent that will be a necessary expense to the
heirs of the decedent. These services may vary according to the
identity of the decedent and heir and shall be determined under the
particular facts of each case.
(c) Whether or not qualified under subsection (2)(a) or (2)(b) of this
section, the putative spouse of the decedent, if he or she was dependent
on the decedent for support or services. As used in this subsection,
"putative spouse" means the surviving spouse of a void or voidable
marriage who is found by the court to have believed in good faith that the
marriage to the decedent was valid.
(d) Nothing in this section shall be construed to change or modify the
definition of "heirs" under any other provision of law.

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