Idaho Code
Idaho Code § 5-327 (2026)
Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of action.
✓ current as of May 2026
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Personal injuries — Property damage — Death of wrongdoer — death of injured party — Survival of action.
(1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel, shall not abate upon the death of the wrongdoer, and each injured person or the personal representative of each one meeting death, as above stated, shall have a cause of action against the personal representative of the wrongdoer; provided, however, the punitive damages or exemplary damages shall not be awarded nor penalties adjudged in any such action; provided, however, that the injured person shall not recover judgment except upon some competent, satisfactory evidence corroborating the testimony of said injured person regarding negligence and proximate cause.
(2) A cause of action for personal injury or property damage caused by the wrongful act or negligence of another shall not abate upon the death of the injured person from causes not related to the wrongful act or negligence. Provided however, that the damages that may be recovered in such action are expressly limited to those for: (i) medical expenses actually incurred, (ii) other out-of-pocket expenses actually incurred, and (iii) loss of earnings actually suffered, prior to the death of such injured person and as a result of the wrongful act or negligence. Such action shall be commenced or, if already commenced at the time of the death of the injured person, shall be thereafter prosecuted by the personal representative of the estate of the deceased person or, if there be no personal representative appointed, then by those persons who would be entitled to succeed to the property of the deceased person according to the provisions of section 5-311(2)(a), Idaho Code.
Notes of Decisions
Cited in 21
cases, 1964–2016 · leading case: Bishop v. Owens, 272 P.3d 1247 (Idaho 2012).
Bishop v. Owens, 272 P.3d 1247 (Idaho 2012). “Because the Idaho Legislature failed to provide express language of retroactivity, I.C. § 5-327(2) is inapplicable to the present action, which arose prior to the statute's effective date.”
Gavica v. Hanson, 608 P.2d 861 (Idaho 1980). “§ 5-311 is provided by a 1971 amendment to I.C. § 5-327. I.C. § 5-327 deals with the survival of causes of action upon the death of the wrongdoer.”
Evans v. Twin Falls Cnty., 796 P.2d 87 (Idaho 1990). “This rule has also been abrogated in Idaho by the enactment of I.C. § 5-327, which provides, "Causes of action arising out of an injury to the person or property, or death, caused by the wrongful act or negligence of another .”
St. Luke's Magic Valley Reg'l Med. Ctr. v. Luciani, 293 P.3d 661 (Idaho 2013). “Luke's noted that the Idaho Legislature had amended I.C. § 5-327 in 2010 (2010 Idaho Sess. Laws, ch.”
Petersen v. Parry, 448 P.2d 653 (Idaho 1968). “I.C. § 5-327 provides recovery for injury or death "caused by the wrongful act or negligence of another," but only "upon some competent, satisfactory evidence corroborating the testimony of said injured person regarding negligence and proximate cause.”
Billings v. Sisters of Mercy of Idaho, 389 P.2d 224 (Idaho 1964). “(Neither has urged the application of I.C. § 5-327 or § 5-231). His executors, Lloyd and Dean Call, are defendants in this cause.”
Farm Bureau Mut. Ins. v. Eisenman, 286 P.3d 185 (Idaho 2012). “In this case, while the Estate may pursue a wrongful death claim on behalf of the Heirs, the underinsured motorist coverage does not extend to the Heirs or the Estate because they are not insureds under the Policy.”
Hayward v. Valley Vista Care Corp., 33 P.3d 816 (Idaho 2001). “2d 87 (1990); IDAHO CODE § 5-327 (1998). Under Idaho law, however, an action for personal injuries does not survive the death of the victim of the tort.”
Stucki v. Loveland, 495 P.2d 571 (Idaho 1972). “3 The jury eventually found for the plaintiffs and judgment was entered for $10,000 after the trial court reduced a higher jury award, pursuant to the damage limitation provision of I.C. § 5-327 4 On appeal, plaintiffs challenge the court’s construction of the statute, and…”
GJD BY GJD v. Johnson, 713 A.2d 1127 (Pa. 1998). “§ 3-505 (1987); Idaho, Idaho Code § 5-327 (1990); Maine, Me.Rev.”
Est. of John H. Cornell v. Toni C. Johnson, 367 P.3d 173 (Idaho 2016). “Second, the Estate argues that even if its claims abated, they fall under Idaho Code section 5-327(2) as an exception to abatement.”
Statewide Constr., Inc. v. Pietri, 247 P.3d 650 (Idaho 2011). “76, 82 (1924)), superseded on other grounds by statute, I.C. § 5-327, as recognized in Doggett v.”
— Idaho Code § 5-327(1) — 1 case
Salamina v. Est. of Mauzey (Idaho Ct. App. 2015).
— Idaho Code § 5-327(2) — 4 cases
Bishop v. Owens, 272 P.3d 1247 (Idaho 2012). “Because the Idaho Legislature failed to provide express language of retroactivity, I.C. § 5-327(2) is inapplicable to the present action, which arose prior to the statute's effective date.”
Est. of John H. Cornell v. Toni C. Johnson, 367 P.3d 173 (Idaho 2016). “Second, the Estate argues that even if its claims abated, they fall under Idaho Code section 5-327(2) as an exception to abatement.”
St. Luke's Magic Valley Reg'l Med. Ctr. v. Luciani, 293 P.3d 661 (Idaho 2013). “Luke's noted that the Idaho Legislature had amended I.C. § 5-327 in 2010 (2010 Idaho Sess. Laws, ch.”
RE: Order Certifying Question (Idaho 2013).
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