Great Falls Wrongful Death Lawyer

Trusted Wrongful Death Attorney in Great Falls, MT

The death of a loved one due to another person’s negligence can leave a family facing emotional loss as well as significant financial and practical consequences. Fatal accidents may occur due to car collisions, dangerous conditions on property, workplace accidents, defective products, and many other preventable circumstances. A Great Falls wrongful death lawyer can help you determine what compensation you may be entitled to recover under Montana law.

Local Wrongful Death Law Firm Serving Montana Families for More Than 30 Years

Bliven Law Firm, P.C. has served injured people and families throughout Montana for more than 30 years. We assist those in personal injury cases who have been injured due to another party’s negligence. Bliven Law Firm, P.C. assists clients in Cascade County and across Montana by pursuing reasonable settlements when possible while preparing each case for trial when necessary.

What Is Considered Wrongful Death?

Wrongful death may occur in many ways when a person dies as a result of another party’s wrongful actions or negligence. The events leading to death can vary. While fatal collisions can happen anywhere, busy routes like Interstate 15, U.S. Highway 87, and 10th Avenue South in Great Falls are common. Other situations that can result in wrongful death include:

• Premises liability accidents
• Medical malpractice
• Work accidents
• Intentional acts, such as various crimes
• Acts of violence

To file a wrongful death claim, you need proof linking the defendant’s conduct to the fatality. Photographs, videos, official records, witness accounts, vehicle information, employment records, and professional witnesses may become necessary depending on the situation.

Who Can File a Wrongful Death Claim?

Montana Code Annotated § 27-1-513 specifies who has the standing to file a claim when a person dies because of another party’s wrongful act or negligence. Montana law dictates that the estate’s personal representative is the one authorized to bring a wrongful death claim. Montana law also provides a way to hold liable a party who employed or supervised the individual responsible for the fatal incident, if specific legal conditions are fulfilled.

Surviving spouses, children, parents, and other close relatives can still be affected by many of the same losses, and family relationships can play a major role in determining liability and damages in a Montana wrongful death claim. The statute, however, determines who is legally able to pursue the case.

Car accidents are one of the most common reasons for wrongful death claims. NHTSA’s Fatality Analysis Reporting System reported 206 traffic deaths in Montana in 2024, compared with 208 in 2023.

Wrongful Death Claims vs. Survival Actions

When a death occurs as a result of an accident or injury, it can create the basis for a wrongful death claim. In some cases, a survival action may arise as well. Although they are related, these two types of legal claims address different losses. Wrongful death claims generally involve the damages that occurred because of the death. Survival actions allow a legal claim that the person had before death to survive.

Under Montana law, specifically section 27-1-501 of the MCA, a claim generally survives the death of the person involved. That means the person’s representatives or successors in interest may continue the action that the deceased person could have pursued. Under Montana law, if you’re filing a claim for a death caused by someone else, you must bring any survival action and wrongful death action together, and you can’t claim the same damages twice.

Losses in a Wrongful Death Claim

Just as every accident that causes death is unique, the financial consequences depend on the specific facts of the situation. A deceased person’s age, health, job, earnings, family ties, and future prospects can influence the types of losses.

Funeral expenses and lost income are common components of a wrongful death claim. Other losses can include the loss of support, household services, financial contributions, and more. In some cases, emotional consequences of the relationship between the deceased individual and surviving relatives may be recovered.

Calculating lost future income typically involves examining past pay stubs, employment benefits, career trajectory, remaining years of work before retirement, and more. A Great Falls wrongful death attorney can help.

FAQs

Can You File a Wrongful Death Claim if No Criminal Charges Are Filed?

Yes, a wrongful death claim is a civil action and does not depend on whether the responsible party is criminally charged. Criminal and civil cases have different burdens of proof and different remedies. An accident resulting in death can provide grounds to file a civil claim for negligence even if prosecutors believe criminal charges aren’t warranted.

Can a Wrongful Death Case Be Filed if the At-Fault Person Also Died?

Yes, it is possible for a wrongful death case to be filed even if the at-fault person also died. Depending on the circumstances, there may still be liability insurance available, and any legal claim may need to be filed against the responsible party’s estate. Determining whether insurance coverage exists and whether estate proceedings have been opened in such a case can become important steps in the early stages.

What Happens if the Deceased Person Did Not Have a Will?

A will is not required for a wrongful death claim to be filed. Instead, Montana’s intestate succession and probate laws dictate who can administer the estate and who inherits property when someone dies without a will. Because wrongful death cases in Montana are brought by the deceased person’s personal representative, it may be necessary to have someone appointed to manage the estate first.

What if the Deceased Person Was Partially Responsible for the Accident?

Partial fault does not necessarily bar recovery under Montana’s comparative negligence statute. Even if the deceased was somewhat negligent, you might still be able to get compensation, as long as their fault wasn’t more than the defendant’s fault. Any award would typically be reduced by the appropriate percentage of fault, however. If the decedent is found to be more at fault than the defendant or defendants, recovery can be barred.

Hire a Wrongful Death Lawyer With Great Falls Wrongful Death Claim Experience

If your loved one passed away due to another party’s negligence, Bliven Law Firm, P.C., can help you file your claim. We understand wrongful death laws and can help you in the legal process. Contact our offices for more information.

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