What Is a Wrongful Death Claim in Montana?
A wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party — the same type of situation that would have allowed the person to file a personal injury lawsuit had they survived.
Examples include:
- Fatal car accidents caused by drunk or reckless drivers
- Medical malpractice resulting in death
- Workplace accidents caused by unsafe conditions
- Defective products or equipment failures
- Criminal acts such as assault or homicide
Who Can File a Wrongful Death Claim in Montana?
Montana law is specific about who has the legal right (“standing”) to bring a wrongful death lawsuit:
- The personal representative of the deceased’s estate files the claim on behalf of surviving family members.
- In cases involving a deceased child, the parents may file directly.
- Beneficiaries typically include the surviving spouse, children, or, in some cases, parents or other dependents.
What Damages Can Be Recovered?
A successful wrongful death claim may include compensation for:
- Economic damages – lost income, medical bills related to the injury, funeral and burial expenses
- Non-economic damages – loss of companionship, guidance, and emotional support
- Pain and suffering – endured by the deceased before death
- Punitive damages – in cases involving gross negligence or intentional misconduct
Montana’s Statute of Limitations for Wrongful Death
In Montana, the statute of limitations for filing a wrongful death claim is generally three years from the date of death.
- Exceptions may apply — for example, if the death was caused by a criminal act, the deadline could be extended.
- Missing this deadline means you lose the legal right to seek compensation, so acting quickly is critical.
Why You Need a Montana Wrongful Death Attorney
Wrongful death cases are complex — they often involve insurance companies, corporate defendants, or multiple at-fault parties. An experienced lawyer can:
- Investigate the circumstances of death
- Gather crucial evidence
- Calculate damages accurately
- Negotiate aggressively with insurance companies
- Take the case to trial if needed
At Big Sky Defender, we handle wrongful death claims throughout Montana, including Missoula, Butte, Helena, Kalispell, and surrounding communities.
Final Thoughts
Filing a wrongful death claim can never replace your loved one, but it can hold the responsible party accountable and provide financial security for your family’s future. If you believe negligence or wrongful conduct caused your loss, don’t wait to get legal advice.
Free Consultation – Call Big Sky Defender Today
If you’ve lost a loved one due to someone else’s negligence in Montana, contact Big Sky Defender for a free, confidential case evaluation. We’ll fight for the justice and compensation your family deserves.
We’re Here to Help.
We fight hard to protect your rights, and the rights of your loved ones, and secure the best outcome possible.
