When a person dies because of someone else’s negligence or wrongful actions, Montana law gives surviving family members the right to pursue a wrongful death claim. While no lawsuit can replace the person who was lost, holding the responsible party accountable can help ease the financial burden and provide a sense of closure. If you’ve lost a loved one in an accident, it’s important to understand how wrongful death laws work in Montana.
Who Can File a Wrongful Death Claim in Montana?
In Montana, the personal representative of the deceased person’s estate is responsible for filing the wrongful death lawsuit. This person is either named in the will or appointed by the court if no will exists.
The compensation awarded through a successful claim is then distributed to the deceased’s surviving spouse, children, parents, or other heirs, depending on who survives them.
What Qualifies as a Wrongful Death?
A wrongful death occurs in Montana when someone dies due to the negligence, recklessness, or intentional misconduct of another. Common causes of wrongful death in the state include:
- Car and truck accidents
- Medical malpractice
- Fatal workplace incidents
- Defective products
- Premises liability
- Physical assault or other criminal acts
If the deceased person could have filed a personal injury claim had they lived, their estate may pursue a wrongful death case.
What Types of Damages Can Be Recovered?
Montana allows families to recover both economic and non-economic damages through a wrongful death claim. These can include:
- Medical expenses related to the final injury
- Funeral and burial costs
- Lost income and benefits
- Loss of companionship, comfort, and support
- Pain and suffering experienced by the deceased before death
In some cases, punitive damages may also be awarded if the defendant’s behavior was especially reckless or intentional.
Time Limits for Filing in Montana
Montana law sets a three-year statute of limitations for most wrongful death claims. This means the claim must be filed within three years of the date of death.
If the death was the result of a criminal act, however, the deadline may extend to ten years. It’s essential to speak with a lawyer quickly to ensure your case is filed on time.
Wrongful Death and Car Accidents in Montana
Car accidents are a leading cause of wrongful death in Montana. If your loved one died in a crash caused by another driver’s carelessness or violation of traffic laws, you may have a valid wrongful death claim.
Montana follows a modified comparative fault rule, meaning that if the deceased was less than 51% responsible for the crash, surviving family members may still recover damages, although the total award could be reduced by their share of fault.
Work-Related Deaths in Montana
Families of workers killed on the job may be eligible for workers’ compensation death benefits, which typically cover burial costs and a portion of the deceased’s wages.
If someone outside of the employer was responsible—such as a contractor or equipment manufacturer—the family may also be able to file a separate wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in Montana
Do all surviving family members receive compensation?
Not necessarily. The court will consider the relationships of each survivor and distribute compensation based on their individual losses and dependency on the deceased.
What happens if the deceased had no will?
If there is no will, the court appoints a personal representative—usually a close relative—to file the claim and manage the estate.
Can you file a wrongful death claim if the responsible party is also deceased?
Yes. The claim can be brought against the estate of the person or company responsible, with any award paid from their assets.
Do criminal charges affect the wrongful death claim?
No. A wrongful death claim is a civil matter and can proceed independently of any criminal charges. Even if there is no conviction, you can still pursue compensation.
Speak With a Montana Wrongful Death Attorney
If you’ve lost someone due to another person’s actions, a wrongful death attorney in Montana can help you understand your rights and take the necessary legal steps. From handling paperwork to negotiating settlements or going to trial, an experienced lawyer will stand by your side. Contact an attorney today for a free consultation and personalized guidance.