Losing a loved one suddenly, whether in a car crash, motorcycle accident, or another traumatic event, turns your life upside down. Now you are forced to make impossible decisions while grieving a devastating loss. If someone else’s negligence caused the accident, you may also wonder how to hold them accountable.
Families in Montana have legal options, but you must take the right steps. Here is what to do immediately after a loved one’s unexpected death in Montana.
Start at the Beginning
Getting notified that a loved one has died is a big shock. You might be stunned, devastated, or angry. No one expects to get a phone call that their loved one has passed. But unfortunately, that is the reality for many in Montana.
This might be the most challenging task in your life, but you need to take action, especially if someone’s action leads to your loved one’s untimely death.
Your first step should be documenting the incident. If your loved one died at the scene of an accident, law enforcement and emergency responders will notify the local coroner and file an official report.
In Montana, deaths that are sudden, violent, or involve a motor vehicle must be reported under Mont. Code Ann. § 46-4-122. This authorizes the coroner to investigate and determine the cause of death.
Request the Accident Report
In motor vehicle cases, the investigating officer must file a report under Mont. Code Ann. § 61-7-108. This report will include details such as:
- Location and time of the crash
- Names of drivers and witnesses
- Preliminary fault findings
- Any citations or arrests issued
Once again, you can request a copy through the Montana Highway Patrol or the local law enforcement agency that responded.
Start Gathering Records and Expenses
After the person’s death, you may receive many documents. You need to keep copies of all documents and expenses related to your loved one’s passing, such as:
- Medical bills
- Death certificate
- Funeral home invoices
- Life insurance paperwork
- Employment and income records
- Communications from insurance companies
You may need them later to pursue a wrongful death lawsuit.
Speak with a Personal Injury or Wrongful Death Attorney Early
Time matters in these cases. You will want to speak to a lawyer to understand your options. Your attorney can help you:
- Investigate the cause of death
- Work with accident reconstruction experts
- Identify liable parties, including drivers, employers, or manufacturers
- Calculate the full scope of damages
- File and litigate the claim, if necessary
Understand Your Right to File a Wrongful Death Claim
Many times, a person’s death is the result of someone else’s behavior or actions. You might decide if you want to start the process of a wrongful death lawsuit.
Under Mont. Code Ann. § 27-1-513, the personal representative of the deceased’s estate can file a lawsuit if the death was caused by another’s “wrongful act, neglect, or default.” This includes motor vehicle collisions, workplace incidents, or other fatal accidents.
Under this law, surviving family members may recover damages for:
- Funeral and burial expenses
- Loss of financial support
- Medical bills associated with the fatal injury
- Emotional pain and suffering
- Loss of companionship and guidance
Avoid Talking to Insurance Companies
After a fatal crash, the other driver’s insurance company may contact you to offer condolences. Remember, their goal is to minimize their financial exposure.
You are not required to give a recorded statement or accept a settlement offer without consulting legal counsel. Let a Montana wrongful death attorney handle these communications to protect your family’s interests.
Get the Answers You Need After a Loved One’s Death
If your loved one died because someone else acted carelessly or recklessly, you have the right to seek justice. Montana law is on your side. Now that you know what to do immediately after a loved one’s unexpected death in Montana, the next step is seeking legal help. We are ready to assist.
At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, we are here to help you through the entire claims process, including proving fault in these accidents. Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Commercial Trucking and Semi-Truck Accident practice area page. Contact us if you still have questions about your Montana trucking accident case.