wrongdoer, whether the wrongdoer dies before or after the death of the person injured. I.C. § 5-311(1) (emphasis added). A wrongful death claim is “an entirely new cause of action____” Castorena v. Gen. Elec., 149 Idaho 609, 616, 238 P.3d 209, 216 (2010). This cause of action is “entirely distinct from any action the decedent may have brought on her own behalf, prior to her death____” Id. at 619, 238 P.3d at 219 (citing Russell v. Cox, 65 Idaho 534, 539, 148 P.2d 221, 223 (1944)). Further, we have held that a judgment granted in a wrongful death action “inures to the benefit of the hens of the decedent and in no ease becomes a part of the assets of the estate of the deceased.” Whitley, 23 Idaho at 659, 132 P. at 126; see also Moon v. Bullock, 65 Idaho 594, 605, 151 P.2d 765, 770 (1944) (<HOLDING>), overruled on other grounds by Doggett v.
recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct holding that if no notice was given prior to the institution of an action a condition precedent to the right to bring the action does not exist and the buyerplaintiff has lost the right of his remedy holding that no private right of action exists holding that no right of action is given to the estate of the victim of a tort but is granted only to his heirs  if there are no heirs no right of action vests in anybody holding fact that estate may ultimately distribute cash to heirs does not convert estates claim to claim by heirs for purpose of estoppel