of the heirs. Claims for pain and suffering abate upon the death of the injured person. Evans v. Twin Falls Cnty., 118 Idaho 210, 216, 796 P.2d 87, 93 (1990) (quoting Vulk v. Haley, 112 Idaho 855, 859, 736 P.2d 1309, 1313 (1987)). However, the heirs of a person who has been killed by a tortfeasor have a separate cause of action against the tortfeasor under Idaho’s wrongful death statute: 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 suc Eng’g & Supply Co., Inc., 93 Idaho 888, 477 P.2d 511 (1970); Russell, 65 Idaho at 534, 148 P.2d at 223 (<HOLDING>), superseded in part by statute, I.C. § 5-327.
recognizing the cause of action recognizing cause of action holding that the elements of a cause of action were not subject matter jurisdictional simply because the statute that created the cause of action provided that district courts shall have jurisdiction of such actions holding that the cause of action created by ic  5311 does not benefit the estate holding that an easement cannot be created in favor of an estate for years extending beyond the life of the estate