The unexpected death of a loved one causes unimaginable pain and sadness. Families need time to grieve and be together to process their loss. Between planning a funeral and a memorial and settling their family members’ affairs, there is little time to think about anything else. That’s why it is essential to involve a Montana wrongful death lawyer—someone who can guide you through the complexities of a wrongful death lawsuit and help you seek justice for your loss.
Money can’t compensate you for the tremendous loss of a loved one. However, if their death was the result of someone else’s actions, an attorney can explain your legal options. You may be able to pursue fair and maximized compensation and hold the at-fault party accountable for their actions. That means understanding the wrongful death lawsuit process in Montana.
What Is a Wrongful Death Lawsuit?
Wrongful death typically involves an accident caused by or an intentional act performed by an individual that leads to the death of another. In Montana, wrongful death is legally defined as a death caused when “injuries to and the death of one person are caused by the wrongful act or neglect of another.”
Most wrongful death claims occur due to:
- Negligence-based accidents
- Medical malpractice
- Intentional acts or crimes
It can be easier to understand wrongful death lawsuits by comparing them to personal injury lawsuits. In a personal injury lawsuit, an individual hurt by the careless actions of another can seek compensation for their injuries. The legal mechanisms are much the same in a wrongful death case. However, the injured individual cannot seek compensation for themselves since the accident caused their death. Instead, the responsibility falls to another.
Who Can File a Wrongful Death Claim in Montana?
In Montana, there are rules outlining who can file a wrongful death lawsuit on behalf of a deceased individual. The state only allows the deceased’s representative to pursue legal action and compensation. An individual names a personal representative to manage their estate in a will or plan. The court can intervene and name a personal representative if someone dies without a will. This person manages the estate of the deceased and can file a wrongful death lawsuit.
While only a personal representative can file a wrongful death case, compensation from a successful case goes to the estate’s beneficiaries. Beneficiaries are typically the surviving family members of the deceased, such as:
- Surviving spouse
- Surviving children
- Parents
- Siblings
Please read more about compensation from workers here: Understanding Workers’ Compensation vs. Personal Injury Claims in Montana.
Compensation can include money for specific losses like funeral, burial, and medical expenses before death. Families may also get compensation for the loss of future earnings, care, and companionship of a deceased loved one, and emotional distress.
How Wrongful Death Lawsuits Work in Montana
When someone’s life is tragically cut short due to another person’s actions, Montana law allows a personal representative of the deceased’s estate to file a wrongful death lawsuit. These civil cases help families seek justice and compensation for their losses. But how do wrongful death lawsuits work?
A solid wrongful death lawsuit must prove certain legal elements to have a chance at success. First, you must prove that the careless party owed your loved one a duty of care. Duty of care is the legal obligation to act with reasonable care to avoid causing harm to others. You must show that the at-fault party failed in that duty. You must also show how the careless actions of another directly caused the death of your family member. Finally, surviving family members must suffer measurable damages as a result of the untimely death—a key consideration in wrongful death cases, including claims for elderly loved ones.
An attorney can prepare a wrongful death lawsuit if a case meets these elements. After filing the complaint, the case moves to discovery, which involves the personal representative and the at-fault party collecting and sharing evidence. Following discovery, cases may move to a settlement negotiation phase. Most wrongful death cases settle outside court. If a fair settlement does not occur, the case moves to trial.
Montana has a three-year statute of limitations for most wrongful death claims. However, the circumstances of a loved one’s death can change this timeline. The deadline for filing a lawsuit may be extended to ten years in situations where criminal actions like homicide cause a death. Failing to file on time may result in losing the right to seek compensation through the court system.
A Montana Wrongful Death Attorney Can Support You During This Challenging Time
What you need during this tumultuous time is compassion and support. At Travis & Brann, PLLP, our experienced wrongful death lawyers in Kalispell provide both. We offer effective legal representation and moral support to help you navigate this painful time. Our team knows that money doesn’t make up for your loss. It can give you some financial security while allowing you to hold careless individuals accountable for their actions.
Contact us online or call our office today at (406) 752-7550 to arrange a free consultation to discuss your situation.