Losing a loved one to another's negligence is devastating. While no claim can undo that loss, Montana's wrongful death and survival laws provide a way to seek accountability and compensation for the family.
Who Can Bring a Montana Wrongful Death Claim
Montana law provides for wrongful death claims to be brought by the personal representative of the deceased person's estate, on behalf of the statutory heirs such as the spouse and children. The claim consolidates the family's losses into a single action. Survival claims, brought on behalf of the estate, address the losses the deceased suffered before death.
Because the right to bring the claim runs through the personal representative and estate, getting the process started correctly matters.
What Wrongful Death Damages Cover
Wrongful death damages can include the loss of the deceased's financial support and services, funeral and burial expenses, and the survivors' loss of comfort, companionship, society, and guidance. Survival damages can include the deceased's pre-death medical expenses and conscious pain and suffering.
These claims recognize both the economic and the profound human losses a family endures.
Deadlines and Procedures
A wrongful death claim in Montana is generally subject to a three-year deadline, and claims against government entities follow the shorter, stricter Montana Tort Claims Act procedures. Opening an estate and appointing a personal representative are part of the process. Acting promptly protects the family's rights.
These cases are legally and emotionally complex, and families benefit from guidance through each step.
Compassionate Help When You Need It
If you've lost a loved one to negligence in Montana, an attorney can handle the legal process so your family can focus on grieving.
Call 973-566-5599 for a free, confidential consultation.
Frequently Asked Questions
Generally the personal representative of the estate, on behalf of statutory heirs like a spouse and children. Survival claims are brought for the estate.
Lost financial support and services, funeral costs, and the survivors' loss of companionship and guidance, plus, through a survival claim, the deceased's pre-death expenses and suffering.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Montana attorney. Injury Claim Team is a legal referral and lead-generation service, not a law firm.