You can never prepare to lose someone you love. When that loss is sudden and caused by someone else’s carelessness, it can leave a person angry and unsure where to turn next.
Alongside the grief, you may want to consider accountability and hold these parties responsible for their actions. When it comes to legal options, you may ask: What damages are recoverable in a wrongful death case?
While no legal claim can ever make things right, wrongful death cases help families deal with the very real financial and emotional impact of their loss. Here is what you may be able to recover from these legal actions.
Montana and Wrongful Death Claims
A wrongful death claim is about accountability. Family members choose this option when a loved one dies because another person or company failed to act responsibly.
In Montana, these cases can involve:
- Car or truck accidents
- Workplace injuries
- Medical mistakes
- Defective products
- Dangerous property conditions
This is not about placing a dollar value on a life. These claims recognize the losses a family is left to carry and to help ease the burdens that follow.
Financial Losses That May Be Covered
There are two types of damages: economic and non-economic. Financial damages can be easily calculated and involve actual expenses and lost income. These include:
Medical Bills
If your loved one received medical care before passing, those bills do not disappear. Emergency treatment, hospital stays, medications, and other related expenses can be included in a wrongful death claim.
Funeral and Burial Costs
Funeral expenses can add up quickly. Many times, families are forced to make decisions under intense emotional strain. Reasonable funeral, burial, and memorial costs are recoverable.
Lost Income and Future Support
When a loved one contributes financially to the household, their absence can leave a serious gap. Compensation may account not only for lost wages but also for future earning potential and benefits such as health insurance or retirement contributions.
Loss of Everyday Support
Many people do not realize how much a loved one contributes until they’re gone. Childcare, cooking, home maintenance, and other daily tasks all have value. When families need to replace that support, those losses can be part of a claim.
What About Losses That Aren’t Financial?
Some of the most important damages in a wrongful death case do not come with receipts. These are non-economic damages, and they can be harder to quantify. They include:
Pain and Suffering
If your loved one experienced pain or distress before their passing, you may be able to receive compensation that reflects what they endured.
Loss of Companionship and Guidance
Surviving family members may also recover damages for the loss of love, emotional support, companionship, and guidance. These losses represent the heart of a wrongful death case.
Loss of Consortium
For spouses, this can include the loss of partnership, intimacy, and the shared life you expected to have together.
Who Can Recover Damages in Montana?
Montana law has limits on who can bring a wrongful death claim and recover damages. A personal representative will need to file a claim, but family members will be named as the heirs. In most cases, this includes:
- Spouses
- Children
- Parents
Are Punitive Damages Available?
In rare cases involving especially reckless or intentional behavior, punitive damages may be awarded. These awards hold wrongdoers accountable and discourage similar conduct in the future.
Keep in mind that they are not available in every case, but they can apply in extremely egregious situations.
Seek Justice for Your Loved One
What damages are recoverable in a wrongful death claim? You may be able to claim both tangible and non-economic losses. These claims are about protecting your family, finding stability after loss, and seeking accountability.
If you’re navigating the aftermath of losing someone you love, AFJ Law Firm PLLC is standing by to assist you.
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.