Bozeman Wrongful Death Lawyer

Advocating for Families of Deceased Loved Ones Across Montana

If you have recently experienced the loss of a loved one due to an accident caused by someone else's negligence, it is crucial to seek the assistance of a Montana wrongful death lawyer to safeguard your rights. At Hoyt & Blewett PLLC, we have been representing numerous families of wrongful death victims for over three decades.

We empathize with the profound devastation and grief that accompanies the loss of a family member due to another person's wrongdoing. While a wrongful death lawsuit cannot bring back your loved one, it can help alleviate the financial uncertainty often faced after fatal accidents.

Our firm handles wrongful death claims throughout Montana, including Great Falls, Billings, Helena, Missoula, and Butte.

If you would like to schedule a free consultation, call Hoyt & Blewett PLLC today at (406) 233-1302.

Causes of Wrongful Death

Our Bozeman wrongful death lawyers provide legal representation for families who have lost loved ones in accidents such as:

Product Liability
Medical Malpractice
Oil Rig Accidents
Truck Accidents
Accidental Shootings
Construction Accidents
Workplace Accidents
Car Crashes
Train Accidents
Motorcycle Accidents
Dog Attacks

What Constitutes Wrongful Death in Montana?

In Montana, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. Montana Code Annotated section 27-1-513 provides the specific legal framework for wrongful death claims in the state.

To establish a wrongful death claim in Montana, the following elements must typically be proven:

Death of a person: The claimant must demonstrate that a person has died.
Causal connection: It must be shown that the death was caused by the wrongful act, neglect, or default of another party. This means establishing that the defendant's actions or omissions directly led to the individual's death.
Wrongful act, neglect, or default: The defendant's actions or failures to act must be deemed wrongful or negligent. This could involve various circumstances, such as negligent driving, medical malpractice, product defects, workplace accidents, or any other situation where the defendant's conduct falls below the standard of care expected.
Legal duty: The claimant must establish that the defendant owed a legal duty of care to the deceased person. This duty of care could arise from various relationships, such as a driver's duty to operate their vehicle safely, a doctor's duty to provide competent medical treatment, or an employer's duty to maintain a safe work environment.
Damages: The wrongful death claim must demonstrate that the death has resulted in damages for the surviving family members or the deceased person's estate. These damages may include economic losses (such as medical expenses, funeral costs, lost income, and loss of financial support) as well as non-economic losses (such as loss of companionship, emotional distress, and pain and suffering).

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Who Can File a Wrongful Death Claim?

In Montana, the right to file a wrongful death claim is limited to certain individuals who are designated as "statutory beneficiaries." The Montana Code Annotated section 27-1-513 outlines who is eligible to bring a wrongful death lawsuit in the state.

The following individuals are generally recognized as statutory beneficiaries who can file a wrongful death claim in Montana:

Surviving spouse: The deceased person's spouse has the primary right to bring a wrongful death claim.
Children: If there is no surviving spouse, the deceased person's children (including both biological and adopted children) may file a wrongful death claim.
Parents: If there is no surviving spouse or children, the deceased person's parents may have the right to file a wrongful death claim.
Personal representative or executor: If none of the above-mentioned individuals are available or willing to bring the claim, the personal representative or executor of the deceased person's estate can pursue the wrongful death action on behalf of the estate and its beneficiaries.

Damages Available in a Wrongful Death Claim

In a wrongful death claim in Montana, various types of damages may be available to the eligible beneficiaries who have suffered losses as a result of the death of their loved one. These damages are intended to compensate the beneficiaries for their financial and emotional losses caused by the wrongful death. The specific types of damages that can be awarded in Montana include:

Economic Damages

These damages aim to compensate for the financial losses incurred by the beneficiaries. They may include:

Medical expenses: The cost of medical treatment and care related to the deceased person's final injury or illness.
Funeral and burial expenses: The reasonable expenses associated with the funeral, burial, or cremation of the deceased person.
Loss of financial support: Compensation for the income, benefits, and financial support that the deceased person would have provided to the beneficiaries had they survived.
Loss of services: Compensation for the value of household services, childcare, and other contributions the deceased person would have provided to the beneficiaries.
Loss of inheritance: The value of the inheritance that the beneficiaries would have received from the deceased person had they survived.

Non-Economic Damages

These damages are meant to compensate for the intangible losses suffered by the beneficiaries. They may include:

Loss of companionship: Compensation for the loss of love, companionship, and emotional support of the deceased person.
Loss of consortium: Compensation for the loss of the marital relationship, including the loss of the deceased person's companionship, affection, and intimacy.
Mental anguish and emotional distress: Compensation for the psychological suffering, grief, and emotional trauma experienced by the beneficiaries due to the loss of their loved one.
Pain and suffering: If the deceased person experienced conscious pain and suffering before their death, damages may be awarded for the pain and suffering endured.

Trust our experienced team to guide you through this difficult time and fight relentlessly for the compensation you deserve. Contact us today!

Wrongful Death FAQs

What is the statute of limitations for filing a wrongful death lawsuit in Montana?

In Montana, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the deceased person's death. However, there may be exceptions to this rule depending on the circumstances, so it's essential to seek legal advice promptly to ensure your rights are protected and you don't miss any filing deadlines.

How can I prove liability in a Montana wrongful death case?

Proving liability in a Montana wrongful death case typically involves demonstrating that the defendant's actions or negligence directly caused the death of your loved one. This may require gathering evidence such as eyewitness testimony, medical records, expert opinions, and documentation of the defendant's conduct leading up to the fatal incident. Working with an experienced attorney who understands the complexities of Montana wrongful death law can be crucial in building a strong case.

Are there any limits on the damages that can be awarded in a Montana wrongful death case?

Montana does not impose statutory caps on damages in wrongful death cases. This means that the amount of compensation that can be awarded is not limited by law. Instead, damages are determined based on the specific circumstances of the case, including the financial and emotional losses suffered by the surviving family members.

Can punitive damages be awarded in a Montana wrongful death lawsuit?

Yes, punitive damages may be awarded in Montana wrongful death cases in certain situations. Punitive damages are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. However, Montana law places strict limits on the awarding of punitive damages, requiring clear and convincing evidence of actual malice, fraud, or outrageous conduct.

Can a wrongful death lawsuit be filed if the deceased person was partially at fault for the incident?

Montana follows a modified comparative fault rule when it comes to wrongful death cases. This means that if the deceased person was partially at fault for the incident that led to their death, their surviving family members may still be able to recover damages. However, the amount of compensation awarded may be reduced in proportion to the deceased person's percentage of fault.

Do I need an attorney to file a wrongful death lawsuit in Montana?

While there is no legal requirement to hire an attorney to file a wrongful death lawsuit in Montana, it is highly recommended. Wrongful death cases can be complex and emotionally challenging, and having an experienced attorney on your side can significantly improve your chances of success. An attorney can navigate the legal process, gather evidence, negotiate with insurance companies, and advocate for your rights in court.

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Have questions? Ready to get started? Call (406) 233-1302 today or contact us online to schedule a consultation.

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