When a loved one dies, your whole world may turn upside down. In the blink of an eye, everything changes, and putting your life back together is not easy. During your grief, you may not want to think about the legal aspects of your loved one’s death. That is understandable. However, you and your family should not have to suffer irreparable financial harm as well. Filing a wrongful death lawsuit after a car accident may be a way to hold negligent parties accountable for the harm done to you and your family.
If your loved one died in a car accident, law enforcement may file criminal charges against the negligent driver. However, these criminal charges do nothing to compensate you and your family for the losses you suffered. This is why families need to turn to an experienced wrongful death lawyer to file a civil claim on their behalf.
Wrongful Death Lawsuits in Montana
Montana’s law allows some surviving family members to bring a wrongful death lawsuit against the negligent party. This is a civil action that typically seeks to compensate family members for their losses. Such losses include:
- Loss of consortium or care and companionship
- Loss of financial support
- Mental anguish
- Funeral and burial expenses
In Montana, surviving family members only have a limited time to file a wrongful death claim. The statute of limitations for filing these claims is 3 years from the date of death. If you miss this deadline, you may not file future lawsuits or collect compensation.
Who Can File a Montana Wrongful Death Lawsuit?
In Montana, only the personal representative of the estate can file a wrongful death lawsuit. While this representative can file the lawsuit, they do not receive the awards. Rather, the awards go to specific surviving family members, including:
- Spouse of the deceased
- Minor children of the deceased
- Parents of a deceased minor child
- Parents of a deceased adult child if there is significant evidence of interdependent relationship
A Montana wrongful death attorney can help you and your family after the loss of a loved one in a car accident. Car accident cases require specific investigation, and evidence is often lost or destroyed quickly. For these reasons, it is important to contact a lawyer immediately, so your attorney can begin building your case.
Get Help From Our Wrongful Death Lawyers Today
The wrongful death lawyers at Bliven Law Firm, P.C. represent families who have suffered the tragic loss of a loved one in an accident anywhere in Montana, North Dakota, or Oregon. We know that no amount of compensation could ever replace your loved one. However, we believe that you and your family should not have to endure unnecessary financial hardships alongside your grief.
Our attorneys offer compassionate home visits in Kalispell, Flathead County, Lake County, Sanders County, and Lincoln County. Contact our firm today for a free case evaluation by calling (406) 625-0100 . We want to help you after a tragic loss. Call today.