If someone else’s negligence took a loved one from you, Idaho law gives your family a way to hold them accountable. A wrongful death claim is a civil lawsuit, separate from any criminal case, that recovers the financial and personal losses the death caused. At Mahoney Law, we have spent more than two decades helping Boise families bring these claims against hospitals, negligent drivers, and other wrongdoers. Here is what you need to know before the deadlines run.
How to choose a wrongful death lawyer in Boise
A search for the best wrongful death lawyer in Boise turns up a lot of advertising. Here is what actually matters when you compare firms:
- A practice focused on wrongful death and medical malpractice. These cases turn on medicine, causation, and Idaho-specific rules like the damages cap and the prelitigation panel. A general practice or a high-volume injury firm rarely has that depth.
- Real trial experience in Idaho courts. Insurers and hospital systems know which lawyers will try a case and which will settle cheaply. Ask how many wrongful death and malpractice cases the lawyer has taken to trial.
- The resources to fund your case. Expert witnesses, records, and the panel process can cost tens of thousands of dollars before a case resolves. The firm should advance those costs.
- A record against major defendants. Hospital systems and large insurers defend wrongful death claims aggressively. Look for a lawyer who has taken them on and won.
- Independent recognition. Peer ratings, Million Dollar Advocates Forum membership, client reviews, and Better Business Bureau accreditation are harder to earn than a billboard.
- Direct access to your attorney. You should know exactly who is handling your case and be able to reach that person.
- Clear fee terms in writing. Reputable wrongful death lawyers work on a contingency fee and spell out what happens with case costs.
What makes Mahoney Law different
Mahoney Law, PLLC is a family-run Boise firm built around one purpose: holding accountable those who injure or kill the people we love. Patrick E. Mahoney has practiced law in Idaho for close to three decades, and the firm concentrates on the most demanding medical malpractice and wrongful death cases in Idaho.
Here is what families will not find at a volume injury firm:
- A practice built on the hardest cases. Medical malpractice and hospital death cases are the center of our practice, including the most medically complex of all: birth-related and newborn deaths, surgical complications, and missed diagnoses. These cases demand command of the medicine, the prelitigation panel, the local standard-of-care rule, and Idaho’s damages cap, and that is where we do our best work.
- Selective by design. We accept only a small number of new cases each year, so every case gets Patrick’s personal attention. You will not be handed off to a case manager, and you will never be pushed into a quick, cheap settlement to clear a file.
- Mahoney Law has recovered more than $40 million for Idaho families, including multiple seven-figure settlements in birth injury cases. Past results do not guarantee future outcomes, but they do show what a case is worth when it is prepared for trial.
- Credentials that matter in an Idaho courtroom. Patrick was an editor of the Idaho Law Review at the University of Idaho College of Law, then clerked for two Fourth Judicial District trial judges in Boise, the same court that hears Ada County wrongful death cases, before joining one of Idaho’s top civil litigation firms. He has been recognized by Super Lawyers, holds Avvo’s highest “Superb” rating, and is a member of the Million Dollar Advocates Forum and the Idaho Trial Lawyers Association. The firm is Better Business Bureau accredited.
- The resources to fight hospital systems and insurers. We advance the cost of the medical experts, economists, and life-care planners these cases require, and we have taken on Idaho’s largest hospital systems on behalf of grieving families.
- Honest answers, even when the answer is no. We tell you plainly whether Idaho law supports a claim. When we cannot take a case, we explain why and spell out the deadlines you still face, so no family is left guessing.
- Straight talk from the start. Patrick writes in-depth guides to Idaho injury and malpractice law on the firm’s blog so families understand the process before they sign anything. One family whose father died at a major Idaho hospital described our approach as straightforward and clearly explained from the first meeting.
- Boise roots, statewide reach. Our office is in downtown Boise, and we represent families across Idaho, from Coeur d’Alene to Idaho Falls, with free consultations in person or by video.
We handle wrongful death claims arising from medical malpractice (including surgical errors, missed diagnoses, medication errors, and birth injuries), nursing home neglect, car, truck, and motorcycle crashes, and dangerous products.
Why families hesitate to call, and why you shouldn’t
Most families who contact us waited months before picking up the phone. The reasons are understandable, and none of them should keep you from getting answers.
- “It feels wrong to think about money right now.” A wrongful death claim is about accountability and answers, not money. Sworn testimony and records produce the truth about what happened in a way no apology ever will, and a recovery provides for the spouse and children left behind. For many families, the real goal is making sure it never happens to anyone else.
- “It’s too soon.” Grief has no timeline, but the law does. Evidence disappears, witnesses move on, and the two-year clock, or the 180-day government notice deadline, is already running. A free consultation now protects your options and commits you to nothing.
- “The hospital already told us nothing went wrong.” The hospital’s risk-management team and its insurer typically begin reviewing a death within days. An internal review that clears the hospital is not an independent one. You deserve your own experts’ review of the records.
- “We can’t afford a lawyer.” You pay nothing up front and no attorney fee unless we recover for you. We advance the cost of the experts and the panel process.
Who can file a wrongful death claim in Idaho
Idaho’s wrongful death statute (Idaho Code § 5-311) allows the deceased person’s heirs to bring the claim, or the personal representative of the estate to bring it on their behalf. Heirs typically include:
- A surviving spouse
- Children, including stepchildren
- Parents
- In some circumstances, other blood relatives or adoptive siblings who depended on the deceased for support
Because the heirs share the claim, it is important to identify everyone with a stake early so no one is left out of the recovery. At Mahoney Law, sorting out who can bring the claim, and whether the estate needs a personal representative appointed, is one of the first things we do for a family.
Deadlines: two years for adult claimants, and sometimes far less
Idaho gives families two years from the date of death to file a wrongful death lawsuit (Idaho Code § 5-219). Miss that deadline and the claim is almost always barred, no matter how strong the case.
Two situations shorten the timeline:
- Government defendants. If the City of Boise, Ada County, the Ada County Highway District, a school district, the State of Idaho, or any other public entity is involved, the Idaho Tort Claims Act requires a written notice of claim within 180 days (Idaho Code §§ 6-905, 6-906). Without timely notice, the claim is lost.
- Medical providers. A death caused by medical negligence requires a prelitigation screening panel before suit (see below), and that process takes months. Start well before the two-year mark.
We calendar every deadline from the first meeting and prepare any required government notice ourselves, so a technicality never costs a family its case.
What compensation can include
Idaho wrongful death damages cover both the financial and the personal losses a death leaves behind.
Economic losses — the measurable financial impact:
- Medical bills from the final injury or illness
- Funeral and burial expenses
- The income and benefits the deceased would have earned over a working lifetime
- The value of the household services and support they provided
Noneconomic losses — the personal impact on each heir:
- Loss of companionship, love, comfort, and protection
- Loss of guidance and care, especially for surviving children
Idaho caps noneconomic damages in most personal injury and wrongful death cases (Idaho Code § 6-1603). The cap began at $250,000 in 2004 and rises each year with Idaho’s average annual wage, and it does not apply when the death resulted from willful or reckless misconduct or a felony. Economic damages are not capped, which is why we work with economists and other experts to document every dollar of lost income, benefits, and household support.
When the death was caused by medical malpractice
A wrongful death claim against a hospital, physician, or other provider has an extra step. Idaho requires a prelitigation screening panel through the Idaho State Board of Medicine before a lawsuit can be filed (Idaho Code § 6-1001). The panel is informal and confidential, and its findings are advisory, but the process can take several months.
Idaho also requires proof that the provider fell below the local standard of care, meaning the standard practiced in the Boise medical community at the time (Idaho Code §§ 6-1012, 6-1013). That proof almost always comes from a qualified medical expert who has familiarized themselves with that local standard. Medical malpractice is the heart of Mahoney Law’s practice: we know the panel process, we have a network of trusted medical experts, and we have taken Idaho’s largest hospital systems to task when their care fell short.
What a wrongful death case looks like, step by step
Most Boise wrongful death cases follow the same path and resolve in one to three years. Cases against medical providers run longer because of the panel process and the expert work involved.
- Free case review. We listen to what happened, review the records you have, and give you an honest assessment of the claim and its deadlines.
- We send preservation letters so evidence is not destroyed, gather medical, police, and employment records, interview witnesses, and retain the right experts.
- Required notices and panels. We file any required government notice within 180 days and, for medical cases, present the claim to the prelitigation screening panel.
- Filing suit and discovery. We file in district court, then exchange records, take depositions, and disclose expert opinions. This is where most of the work happens.
- Idaho courts routinely order mediation, and a well-prepared case often settles here for far more than any early insurance offer.
- If the defense will not pay fair value, we try the case to an Ada County jury.
Questions Boise families ask us
How much does a wrongful death lawyer cost? Nothing up front. Mahoney Law works on a contingency fee: we advance the costs of the case and are paid a percentage of the recovery only if we win. If there is no recovery, there is no attorney fee.
What if my loved one was partly at fault? Idaho uses modified comparative negligence (Idaho Code § 6-801). The family can still recover if the deceased’s share of fault was less than the defendant’s, with the award reduced by that share. Insurers often overstate the deceased’s fault to drive down the value, and we push back with the evidence.
The insurance company already offered a settlement. Should I take it? Not before a lawyer reviews it. Early offers rarely reflect a lifetime of lost income and companionship, and a signed release ends the claim for every heir. There is no cost to have us evaluate the offer.
Can we bring a claim if there is also a criminal case? Yes. The civil claim is separate and requires only proof that negligence more likely than not caused the death, a far lower standard than a criminal conviction. Families can recover even when no charges are filed.
Do we need to open a probate estate? Not always. Idaho lets heirs bring the claim directly, though appointing a personal representative is sometimes the cleaner route. We will tell you which applies to your family and handle that step.
What happens when you contact Mahoney Law
Reaching out is simple, confidential, and free, and you will not be pressured.
- You reach us directly. Call (208) 345-6364 or send a message through com. Every inquiry receives a prompt, personal response, not an automated intake script.
- Patrick reviews your situation. We listen to what happened, review the records you have, and, where needed, request the medical records and reports ourselves at no cost to you.
- You get a straight answer. You will know whether Idaho law supports a claim, which deadlines apply, what the case may be worth, and what we recommend. If we cannot help, we tell you why and point you to the deadlines you still face.
No fee unless we win, no obligation, and no pressure. The decision is always yours.
Talk to a Boise wrongful death lawyer today
If you are comparing Boise wrongful death lawyers, we invite you to compare us. Bring whatever you have, such as medical records, the death certificate, a police or incident report, and any letters from an insurance company, and we will give you an honest assessment of the case at no charge.
Two things are true in every wrongful death case: the other side is already preparing, and the deadlines are already running. Getting answers costs nothing. Waiting can cost everything.
If you lost a loved one in Boise, Meridian, Nampa, or anywhere in Idaho, call Mahoney Law at (208) 345-6364 or request a free, confidential, no-obligation case review at patrickmahoneylaw.com. Our office is at 1211 W. Myrtle Street, Suite 350, in downtown Boise, and you can read what Idaho families say about working with us on Google. The sooner you reach out, the more options your family will have.