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AFJ Law Firm PLLC – Bozeman’s Trusted Wrongful Death Attorneys

Wrongful Death and Survivorship Lawsuits Attorney in Bozeman, Montana

wrongful death

The sudden and preventable loss of a loved one is a devastating experience for any family. After such a tragedy, grief can be overwhelming and the future may seem uncertain. When the loss is caused by the negligence or wrongdoing of another, feelings of anger, injustice, and helplessness may compound the pain. Although no amount of money can replace your loved one, Montana law provides families with a path to seek accountability and ensure the financial stability that their loved one would have provided.

At AFJ Law Firm PLLC, we have been fighting for injured victims and their families since 2012. We challenge negligent actors and powerful insurance companies, and we understand the challenges that you face. We are here to help you navigate the legal process and shoulder the burden, so you can focus on your recovery.

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Understanding Wrongful Death Lawsuits in Montana

A wrongful death claim is a legal action taken when a person’s death was caused by the actions or inactions of another individual or entity. These actions can include:

  • Car, truck, or motorcycle accidents
  • Workplace accidents and industrial deaths
  • Medical malpractice
  • Defective products
  • Pedestrian and bicycle accidents

The purpose of a wrongful death lawsuit is to provide compensation for the surviving family members’ tangible and intangible losses resulting from the death of their loved one.

  • I have an insurance issue where my insurance company is denying my claim. AFJ Law Firm wasn’t able to take the case, but did share some thoughts about the law that might help me out. I really appreciate Anthony taking the time to consult with me and share his thoughts. He was able to provide me with some suggestions about what he would do to get me started in the right direction. Thanks, Anthony and AFJ Law Firm, for your time and help.

    Ryan

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What Is a Survivorship Claim?

It is essential to understand that in Montana, there are two different legal actions that can arise from a fatal accident: a wrongful death claim and a survival claim.

A survivorship claim (or “survival action”) is fundamentally different from a wrongful death claim. It is not a claim made by the family for their own losses. Instead, it is a legal action brought by the personal representative of the deceased’s estate. The aim of this action is to seek compensation for losses experienced by the deceased between the time of injury and the time of death. This includes:

  • The pain and suffering they experienced
  • Medical expenses related to their final injury
  • Lost wages from the date of the injury until the date of their death

In essence, a survivorship claim allows an estate to pursue a legal claim that the deceased would have had if they had lived. 

Who Can File a Wrongful Death Lawsuit in Montana?

Montana law (Montana Code Annotated § 27-1-513) clearly defines who has the right to file a wrongful death lawsuit. According to the law, only the personal representative of the deceased person’s estate can bring such an action on behalf of surviving family members. The distribution of any compensation that is recovered follows a strict order of priority:

  • First priority: The surviving spouse and children of the deceased.
  • Second priority: If there is no surviving spouse or children, the compensation will go to the parents of the deceased.
  • Third priority: In the event that there are no surviving parents, the compensation may be distributed to siblings or other close relatives, depending on the specific circumstances.

It is important to note that only one wrongful death lawsuit can be filed on behalf of the deceased. The personal representative is responsible for bringing a single action in court on behalf of all eligible beneficiaries.

Personal Injury Lawyers vs. Wrongful Death Lawyers: Understanding the Critical Differences

While all personal injury attorneys handle personal injury cases, not all of them are equipped to deal with the complexities of a wrongful death claim. These cases are more than just “bigger” personal injury cases; they pose unique challenges:

  • Higher stakes and complexity: The damages are often significant, meaning insurance companies and their legal teams will aggressively try to minimize the payout.
  • Sensitive and thorough approach: These cases require a sensitive, compassionate approach, while also conducting a thorough investigation, which may involve navigating criminal proceedings or official records.
  • Accurate valuation of future losses: Accurately valuing the loss of income, companionship, guidance, and inheritance requires economic analysis and expert testimony.

At AFJ Law Firm PLLC, we specialize in personal injury cases. We have extensive experience and dedicated knowledge in this field, which allows us to build the strongest possible case for our clients.

Types of Compensation Available

In a wrongful death claim, families may be eligible for two main types of compensation: financial and non-financial damages.

Economic Damages

These are quantifiable financial losses, including:

  • Medical and funeral expenses
  • Loss of the deceased’s expected future income and benefits
  • Loss of inheritance
  • The value of household services that the deceased would have provided

Non-Economic Damages

These compensate for the intangible but very real losses:

  • Loss of love, companionship, guidance, and care.
  • Mental and emotional anguish.
  • Loss of consortium with a spouse.

A survivorship claim separately seeks compensation for the deceased person’s own suffering prior to death, medical expenses, and lost income.

  • Anthony helped me out with a legal matter. He was very helpful and got a great result. Thanks to him and his firm for all of their help. I would highly recommend them to anyone looking for a lawyer in Montana.

    Darryl

The Legal Process and How Long You Have to File

The legal process for a wrongful death claim involves investigation, filing a lawsuit, discovery (exchange of information), negotiation, and potentially trial. It is essential to have a skilled attorney at each stage in order to protect your rights and advocate for the best interests of your family.

Time is of the utmost importance. In Montana, the deadline for filing a wrongful death claim typically is three years from the date of death (MCA § 27-2-204). However, there may be exceptions to this rule. If you fail to file within this time limit, your family may lose the opportunity to seek justice.

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Your Next Step Toward Justice and Financial Security

The loss of a loved one leaves a void that cannot be filled. But pursuing a wrongful death or survivorship claim can help secure your family’s future and hold the responsible party accountable. This is a reasonable and necessary step towards justice.

If your family has experienced the unthinkable loss of a loved one due to the negligence of another person in Bozeman or elsewhere in Montana, we encourage you not to face this difficult journey alone. Contact the AFJ Law Firm PLLC for a free, confidential, and caring consultation. We are here to fight for you and provide the support you need.

Common Wrongful Death and Survivorship Lawsuits FAQs

What is the difference between a wrongful death lawsuit and a survivorship claim?

A wrongful death lawsuit is filed by the estate on behalf of surviving family members (like a spouse or children) to compensate them for their own losses, such as loss of financial support, companionship, and guidance. A survivorship claim is filed by the estate to seek compensation for losses the deceased person suffered between injury and death, such as their medical bills, lost wages, and pain and suffering.

Who is eligible to receive compensation from a wrongful death lawsuit in Montana?

Montana law sets a strict order of priority. The surviving spouse and children are first. If there is no spouse or children, the deceased’s parents may file. If no parents survive, then siblings or other relatives may be eligible. The lawsuit itself must be filed by the personal representative of the deceased’s estate.

What types of compensation can my family recover?

Families can seek economic damages (funeral costs, lost future income, loss of benefits, and value of household services) and non-economic damages (for loss of love, companionship, guidance, and emotional anguish). A separate survivorship claim can recover the deceased’s own medical bills and pre-death suffering.

How long do we have to file a wrongful death lawsuit?

In Montana, you generally have three years from the date of death to file a wrongful death lawsuit. However, exceptions can apply, and the timeline can be complex, especially if a criminal case is involved. It is critical to consult an attorney immediately to ensure your family’s rights are preserved.

Why do we need a lawyer who specifically handles wrongful death cases?

These cases involve uniquely high stakes, complex damages calculations (like projecting a lifetime of lost income), and aggressive defense from insurers. They also require compassionate yet precise handling of sensitive family matters. A specialist has the experience, resources, and expert network to build a compelling case for maximum compensation.

Can we still file a claim if the person responsible was criminally charged?

Yes. A wrongful death lawsuit is a separate civil action, not a criminal case. Even if the at-fault party is convicted (or not charged), your family can still pursue a civil lawsuit to obtain financial compensation for your losses. The standards of proof are different, and the goals—accountability and financial security—are distinct.

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