Wrongful Death

Missoula Wrongful Death Lawyers

Helping Families After Tragic Losses

When a loved one dies, it is hard to know what to do. You are likely overcome with grief and confusion, and you may not know how to move forward. This is especially true if your loved one died due to the negligence or wrongful actions of another person or organization. In this case, you may be entitled to financial compensation for your loss. A personal injury attorney can help you seek just compensation for your loss and help you move forward.

At Hoyt & Blewett PLLC, we specialize in helping families and loved ones who have lost a loved one due to the wrongful actions of another person or organization. We understand how difficult it is to lose a loved one, and we want to help you seek the justice and compensation you deserve.

To learn more about filing a wrongful death claim, contact our Missoula wrongful death attorneys today at (406) 233-1302.

What is Wrongful Death?

Wrongful death occurs when someone dies due to the wrongful actions of another person or organization. Wrongful death claims are filed by the surviving family members of the deceased person and seek compensation for the loss of their loved one. Wrongful death claims are filed against the party or parties responsible for the death of the deceased person and seek compensation for the loss of their loved one.

Here are some common causes of wrongful death:

  • Automobile Accidents: Many wrongful death claims arise from car, motorcycle, truck, or pedestrian accidents. Common causes include drunk driving, distracted driving, speeding, and failure to follow traffic laws.
  • Medical Malpractice: Wrongful deaths can occur due to medical errors such as misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide appropriate treatment.
  • Workplace Accidents: Fatal workplace accidents can result from unsafe working conditions, inadequate training, defective equipment, and violations of safety regulations, particularly in high-risk industries like construction and manufacturing.
  • Defective Products: Wrongful death claims can arise from the use of defective or dangerous products, including automobiles, medical devices, pharmaceuticals, and consumer goods that cause fatal injuries.
  • Premises Liability: Property owners may be held liable for wrongful deaths that occur due to unsafe conditions on their property, such as slip and fall accidents, inadequate security, or exposure to hazardous substances.
  • Criminal Acts: Wrongful deaths can result from intentional acts of violence, such as assault, homicide, and other criminal activities.
  • Aviation Accidents: Fatalities from airplane crashes, whether due to pilot error, mechanical failure, or airline negligence, can lead to wrongful death claims.
  • Nursing Home Abuse and Neglect: Elderly residents in nursing homes can suffer fatal injuries due to neglect, abuse, inadequate medical care, or unsafe living conditions.

Who Can File a Wrongful Death Claim in Montana?

In Montana, the personal representative of the deceased person's estate is typically the one who files a wrongful death lawsuit. However, if the estate does not have a personal representative, the surviving spouse, adult children, parents, or other legal dependents may file the claim.

The statute of limitations for wrongful death cases is generally three years from the date of the person's death.

Common Types of Damages from a Wrongful Death Lawsuit

Here are the potential types of monetary damages available in a wrongful death lawsuit in Montana:

  • Economic Damages: These damages are intended to compensate for the financial losses incurred by the surviving family members as a result of the death. 
    • Funeral and burial expenses: The costs associated with the funeral and burial or cremation of the deceased.
    • Medical expenses: If the deceased received medical treatment before passing away, the family may be entitled to compensation for those expenses.
    • Loss of financial support: The value of the financial support the deceased would have provided to the family, including income, benefits, and other financial contributions.
  • Non-Economic Damages: These damages are meant to compensate for the non-financial losses suffered by the surviving family members. Non-economic damages may include:
    • Loss of companionship and consortium: The emotional support, love, affection, and companionship that the deceased would have provided to the surviving family members.
    • Loss of guidance and mentorship: If the deceased was a parent or guardian, the loss of their guidance, advice, and mentorship to their children or dependents.
    • Pain and suffering: Compensation for the emotional pain, suffering, and mental anguish experienced by the surviving family members due to the loss of their loved one.
  • Punitive Damages: In certain cases, punitive damages may be awarded to punish the defendant for particularly reckless or intentional conduct that led to the wrongful death. Punitive damages are intended to deter similar behavior in the future and are awarded in addition to economic and non-economic damages.

Ready to Help Your Family During This Difficult Time

Our Missoula wrongful death lawyers help families who have lost a loved one due to wrongful death and wrongful injury. Our attorneys can help you seek justice for your loss and help you move forward after a tragic loss.

Here are several reasons why you should consider hiring us:

  • Knowledgeable Legal Help: Navigating the complexities of a wrongful death lawsuit requires extensive legal knowledge and experience. Our attorneys specialize in wrongful death cases and are well-versed in the relevant laws, regulations, and legal procedures.
  • Thorough Investigation: Building a strong wrongful death case necessitates a thorough investigation to gather evidence, interview witnesses, and establish liability. We have the resources and expertise to conduct comprehensive investigations, ensuring that no stone is left unturned.
  • Maximizing Compensation: Calculating the full extent of damages in a wrongful death case can be challenging. We will work diligently to ensure that all potential losses, including medical expenses, funeral costs, lost income, and pain and suffering, are accurately assessed and compensated.
  • Negotiation Skills: Insurance companies often aim to minimize payouts in wrongful death claims. Our skilled negotiators will handle all communications with insurance companies and other parties, advocating fiercely on your behalf to secure a fair settlement.
  • Trial Experience: While many wrongful death cases are settled out of court, some may proceed to trial. Our attorneys are experienced litigators who are prepared to take your case to court if necessary, presenting a compelling case to the judge and jury.
  • Emotional Support: The loss of a loved one is an incredibly difficult and emotional experience. We provide compassionate support and guidance throughout the legal process, allowing you to focus on healing while we handle the legal complexities.
  • No Upfront Fees: We work on a contingency fee basis, meaning you do not pay any legal fees unless we successfully recover compensation for you. This ensures that you have access to quality legal representation without the financial burden.

Call (406) 233-1302 or contact us online to schedule a free consultation.


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Your Voice in the Courtroom

At Hoyt & Blewett PLLC in Montana, we understand the devastating impact of personal injuries and wrongful deaths on families. With over 100 years of combined experience, our dedicated team of Montana injury attorneys is here to provide compassionate and skilled legal representation. We offer a free consultation to discuss your case and understand your needs.

Hoyt & Blewett has proven time and again that we are more than willing to take personal injury and wrongful death cases to trial, with the results being very favorable for our clients. Our track record speaks for itself, as we have obtained numerous top personal injury verdicts in Montana, including 18 jury verdicts surpassing $1 million.

If you or someone you know has suffered damages due to the negligence of another, it is important to contact a trial lawyer who will vigorously represent your interests against insurance companies and other corporate defendants.

Call Hoyt & Blewett PLLC today at (406) 233-1302 or contact us online to schedule your initial consultation.

From their office in Great Falls, Hoyt & Blewett PLLC serves injured clients throughout Montana including Great Falls, Helena, Missoula, Billings, Kalispell, Bozeman, Butte, Anaconda, and Sidney.