Idaho Code
Idaho Code

Idaho Code § 5-311 (2026)

Suit for wrongful death by or against heirs or personal representatives — Damages. 

✓ current as of May 2026
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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, and subsection (2) of section 5-327, Idaho Code, "heirs" means:
(a)  Those persons who would be entitled to succeed to the property of the decedent according to the provisions of subsection (22) 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" means 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.
Notes of Decisions
Cited in 84 cases (14 in the last 5 years), 1934–2026 · leading case: Nebeker v. Piper Aircraft Corp., 747 P.2d 18 (Idaho 1987).
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Nebeker v. Piper Aircraft Corp., 747 P.2d 18 (Idaho 1987). · cites it 106× “Nebeker's death in 1980 provides that a decedent's "heirs or personal representatives may maintain an action for damages against the person" whose "wrongful act or neglect" brought about the decedent's death.”
Castorena v. Gen. Elec., 238 P.3d 209 (Idaho 2010). · cites it 36× “§ 5-311, is properly read as containing an implied *614 condition precedent that an action for wrongful death may only be brought where the injury to the decedent was such that the decedent himself could have brought a cause of action against the injuring party had the decedent…”
Gavica v. Hanson, 608 P.2d 861 (Idaho 1980). · cites it 44× “Our statute, I.C. § 5-311, provides: " Action for wrongful death.”
Volk v. Baldazo, 651 P.2d 11 (Idaho 1982). · cites it 20× “The Volks' claim for the wrongful death of the fetus was the subject of the partial summary judgment on the basis of the trial court's holding that a viable, unborn fetus is neither a "person" within the meaning of I.C. § 5-311 nor a "child" within the meaning of I.”
O'GUIN v. Bingham Cnty., 72 P.3d 849 (Idaho 2003). · cites it 20× “, the County asserted that he did not qualify as an "heir" under Idaho Code § 5-311 and thus did not have standing to seek damages.”
Hayward v. Valley Vista Care Corp., 33 P.3d 816 (Idaho 2001). · cites it 16× “When actions for wrongful death were authorized in Idaho by the enactment of Idaho Code § 5-311 , this Court held that the common law rule, preventing recovery from the personal representative of the deceased tortfeasor, remained in force.”
Farm Bureau Mut. Ins. v. Eisenman, 286 P.3d 185 (Idaho 2012). · cites it 24× “The Estate argues that it holds all contract rights the decedent held before her death and that it is legally entitled to recover damages for Eisenman’s death under Idaho’s wrongful death statute, Idaho Code § 5-311 . Therefore, it argues, the Estate is entitled to payment of…”
Hogan v. Hermann, 623 P.2d 900 (Idaho 1980). · cites it 24× “The Hogans alleged that they were surviving heirs, entitled to bring the action under I.C. § 5-311. They sought damages for the loss of their daughter's services, society, and companionship.”
Everett v. Trunnell, 673 P.2d 387 (Idaho 1983). · cites it 20× “The complaint was brought pursuant to I.C. § 5-311, Idaho's wrongful death statute.”
Evans v. Twin Falls Cnty., 796 P.2d 87 (Idaho 1990). · cites it 12× “The common law rule precluding any claim on behalf of the relatives or dependents of a deceased person was modified in 1881 by the enactment of I.C. § 5-311, which provided: 5-311. Action for wrongful death.”
Westfall v. Caterpillar, Inc., 821 P.2d 973 (Idaho 1991). · cites it 18× “Idaho Code § 5-311 identifies the heirs who possess a cause of action to recover for the loss of a parent.”
Vulk v. Haley, 736 P.2d 1309 (Idaho 1987). · cites it 16× “2d 221 (1944) this Court recognized that I.C. § 5-311 did not create a right for a survival action, but a new cause of action for the benefit of the heirs.”
Show all 84 citing cases →
— Idaho Code § 5-311(1) — 6 cases
O'GUIN v. Bingham Cnty., 72 P.3d 849 (Idaho 2003). “, the County asserted that he did not qualify as an "heir" under Idaho Code § 5-311 and thus did not have standing to seek damages.”
Farm Bureau Mut. Ins. v. Eisenman, 286 P.3d 185 (Idaho 2012). “The Estate argues that it holds all contract rights the decedent held before her death and that it is legally entitled to recover damages for Eisenman’s death under Idaho’s wrongful death statute, Idaho Code § 5-311 . Therefore, it argues, the Estate is entitled to payment of…”
Hagy v. State, 51 P.3d 432 (Idaho Ct. App. 2002).
Hill v. Emergency Med. of Idaho, P.A. (Idaho 2025).
Rossman Law Grp., PLLC v. Holcomb & Carraway (Idaho 2025).
— Idaho Code § 5-311(2) — 1 case
Pfau Ex Rel. Raymond v. Comair Holdings, Inc., 15 P.3d 1160 (Idaho 2000).
— Idaho Code § 5-311(2)(b) — 3 cases
O'GUIN v. Bingham Cnty., 72 P.3d 849 (Idaho 2003). “, the County asserted that he did not qualify as an "heir" under Idaho Code § 5-311 and thus did not have standing to seek damages.”
Pfau Ex Rel. Raymond v. Comair Holdings, Inc., 15 P.3d 1160 (Idaho 2000).
Videtich v. United States (D. Idaho 2024).
— Idaho Code § 5-311(2)(b)(1) — 1 case
O'GUIN v. Bingham Cnty., 72 P.3d 849 (Idaho 2003). “, the County asserted that he did not qualify as an "heir" under Idaho Code § 5-311 and thus did not have standing to seek damages.”
— Idaho Code § 5-311(2)(b)(l) — 1 case
O'GUIN v. Bingham Cnty., 72 P.3d 849 (Idaho 2003). “, the County asserted that he did not qualify as an "heir" under Idaho Code § 5-311 and thus did not have standing to seek damages.”
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