Losing a loved one is a heartbreaking experience under any circumstance. But when someone else’s negligence or misconduct causes that loss, the grief is often accompanied by anger, confusion, and unanswered questions.
Families in this situation may have the right to pursue justice through a wrongful death claim.
But what is a wrongful death claim in Montana? If you are facing the unimaginable loss of a family member, here is what you need to know about these claims to find peace and closure after a loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit. This legal action is filed when someone dies as a result of another person or entity’s negligent, reckless, or intentional actions. This claim allows the deceased person’s family or estate to seek compensation for the losses they have suffered due to their loved one’s death.
Compensation may cover:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost income and financial support that the deceased would have provided
- Loss of companionship, love, guidance, and emotional support
- Emotional distress suffered by the surviving family members
- Pain and suffering experienced by the deceased before passing
This holds the at-fault party publicly accountable in many cases, even if they will not face criminal charges.
Who Can File a Wrongful Death Lawsuit in Montana?
Under Montana law, wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. In most situations, this is an individual named in the will or appointed by the court. They can be a spouse, adult child, or parent.
While the personal representative is the one who brings the case, the claim is pursued on behalf of the surviving family members who have suffered a loss, such as:
- A spouse
- The children
- Other legal heirs
However, if the individual who passed away was a minor child, then one or both parents or a legal guardian can bring the wrongful death action directly to court.
What Types of Cases Qualify?
Unfortunately, fatal incidents are not uncommon in Montana. When these imaginable events occur, the family members may take legal action. Some of these cases involve:
- Car, motorcycle, or truck accidents caused by reckless or impaired drivers
- Medical malpractice, such as surgical errors or misdiagnoses
- Workplace accidents, especially in high-risk industries like construction or agriculture
- Defective products, including unsafe machinery, vehicles, or medications
- Intentional acts, including assault or homicide
Under these circumstances, if the person would have had a valid personal injury claim had they survived, then a wrongful death case can be brought to the courts
The Timeline to File
Like most legal claims, wrongful death lawsuits must be filed within a certain timeframe. In Montana, the general statute of limitations is three years from the date of death.
However, if the death resulted from a criminal homicide, the deadline may be extended up to ten years. You will want to speak with an attorney as soon as possible to discuss your potential legal options.
Wrongful Death vs. Criminal Charges
Many families wonder if they can bring forth a wrongful death case if there are no criminal charges. And many times, the answer is yes.
A wrongful death claim is a civil matter. This action is separate from any criminal charges the responsible party might face. A person can be found civilly liable for a wrongful death even if they are never charged or are found not guilty in criminal court.
That means families can still pursue justice, even when the criminal system does not result in a conviction.
Get the Legal Help You Need for a Wrongful Death Claim
Taking legal action cannot undo the pain of losing someone too soon. Under the law, there is a path for families to seek accountability and financial relief in the wake of tragedy.
If you believe someone else’s negligence caused your loved one’s death, a wrongful death claim in Montana may be an option. AFJ Law Firm PLLC can help you with these cases.
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.