Billings Wrongful Death Lawyer
Hoyt & Blewett PLLC is Here to Help When Tragedy Strikes
When a loved one passes away due to someone else's negligence, it is difficult to know how to move forward. In these situations, it is important to know that you have legal options that can help you seek justice. At Hoyt & Blewett PLLC, our Billings wrongful death attorneys are here to help you seek compensation for your loss.
What is Considered a "Wrongful Death" in Montana?
In Montana, a "wrongful death" is defined as the death of a person due to the negligent or wrongful act of another person, a company, or a government entity. Wrongful deaths can result from car accidents, truck accidents, product liability cases, medical malpractice, and more. In these cases, surviving family members can seek compensation for their losses through a wrongful death claim.
To prove that your loved one's death was wrongful, you will need to show that the defendant owed your loved one a duty of care, that they breached that duty, that the breach directly caused your loved one's death, and that your loved one's death was reasonably foreseeable.
Who Can File a Wrongful Death Lawsuit in Montana?
In Montana, the right to file a wrongful death lawsuit typically rests with the personal representative of the deceased person's estate. The personal representative is a trustee on behalf of the deceased's beneficiaries.
However, if there is no appointed personal representative, the surviving spouse, adult children, parents, or other legal dependents may have the ability to file the lawsuit instead.
There is a three-year statute of limitations for wrongful death cases in Montana. This means that a lawsuit must generally be filed within three years from the date of the individual's death.
What Damages Can Be Recovered in a Wrongful Death Claim?
A wrongful death claim allows surviving family members to seek compensation for the financial and emotional losses they have suffered as a result of their loved one's death. The damages you can recover depend on the circumstances of your case.
In a wrongful death claim, you may be able to recover compensation for:
- Funeral and burial expenses
- Medical bills and expenses related to the deceased's last illness or injury
- Lost wages
- Loss of companionship and support
- The value of household services the deceased provided
- The value of the deceased's estate
You may also be able to recover punitive damages if the defendant's actions were particularly egregious. Punitive damages are meant to punish the wrongdoer for their behavior and to deter similar acts in the future.
Ready to Protect Your Rights During This Trying Time
The loss of a loved one is never easy to cope with. During this difficult time, you should not have to worry about navigating the legal system on your own. At Hoyt & Blewett PLLC, our Billings wrongful death attorneys are here to help you through this process and to ensure that your loved one's memory is honored.
If you have lost a loved one due to someone else's negligence, you deserve to be compensated for your loss. Our firm is here to help you seek justice.
At Hoyt & Blewett, we understand the devastating impact of personal injuries and wrongful deaths. With over 100 years of experience, our Billings wrongful death attorneys are here to provide compassionate and skilled legal representation.
We have obtained numerous top personal injury verdicts in Montana, including 18 jury verdicts surpassing $1 million.
We offer a free consultation to discuss your case and understand your needs. Call (406) 233-1302 or fill out our online contact form.