Wrongful Death Caused by A Drunk Driver in Montana: What Victims’ Families Need to Know

If your family has recently experienced a wrongful death caused by a drunk driver in Montana, it is crucial to hire a wrongful death lawyer at your first opportunity. The aftermath of such an event can be confusing, traumatic, and uncertain, and legal counsel you can trust can be an invaluable asset as you pursue accountability and compensation for this tragic loss.

What to Do After a Wrongful Death Caused by A Drunk Driver in Montana

A wrongful death is a fatal personal injury. When one party’s negligence or misconduct injures another party, the injured victim likely has grounds to file a personal injury claim that could enable them to recover their damages. However, if the victim does not survive, this can form the basis for a wrongful death claim. The victim’s estate representative and closest surviving relatives file this case against whoever caused the fatal injury.

Wrongful deaths happen in various ways. In Montana, vehicle accidents are one of the leading causes of accidental injuries and deaths each year. The Montana Highway Patrol reported 198 fatalities from vehicle crashes statewide in 2025, and other common causes of fatal injuries include slip-and-fall accidents, workplace accidents, and injuries from intentional acts of violence.

If you believe another party is responsible for causing a family member’s death, the first thing you should do is hire a wrongful death lawyer who has proven experience handling these difficult cases. Your attorney can explain Montana’s wrongful death laws as they apply to your situation, including eligibility to file these claims, the damages available, and what you can expect as the case unfolds.

Building a Wrongful Death Claim in Montana

A wrongful death case is a type of personal injury case, and just like in any other personal injury case, success with a wrongful death case requires identifying the defendant responsible for causing the fatal injury, proving exactly how they caused it, and then showing the full extent of the family’s resulting damages. While a standard personal injury case seeks compensation for the victim’s losses, a wrongful death case aims to compensate the victim’s family.

Your Montana wrongful death attorney can gather evidence that could be crucial for proving liability. The evidence you need depends on the nature of the fatal incident in question, and some evidence may not be obtainable for very long. This is another reason why it is so crucial to hire a wrongful death lawyer at your first opportunity. This provides adequate time to prepare your case and can start gathering evidence right away.

The at-fault driver is likely to face criminal prosecution from the state for driving under the influence (DUI), and the outcome of their criminal case could directly influence your civil wrongful death case. Proof of conviction can be a significant source of support for your case, and you can count on your attorney to leverage this to the greatest possible effect.

The goal of a wrongful death case is for the family of the victim to secure compensation for the economic and non-economic damages they have suffered from this fatal incident. Money cannot replace the victim, but a successful case could yield valuable compensation that helps the family address the financial impact of the victim’s death and provides a sense of closure.

Your Montana wrongful death lawyer can calculate all claimable economic losses you can include in the wrongful death claim, and they can also determine an appropriate amount of pain and suffering compensation you can seek from the defendant. Hiring experienced legal counsel can significantly improve your chances of reaching a positive conclusion.

Ultimately, hiring a wrongful death lawyer is the most important thing to do after a wrongful death caused by a drunk driver in Montana. The team at Bliven Law Firm, P.C. has extensive experience representing clients in these difficult cases, and we are confident we can help you achieve a favorable outcome. Reach out to our firm as soon as possible to learn more about our legal services for wrongful death cases arising from drunk driving accidents.

Montana’s Dram Shop Act Provides Third-Party Liability

In some fatal DUI cases, you may be able to increase your settlement by holding not just the driver who hit your loved one but also the bar, restaurant, or social host that served them accountable for the death. Montana’s dram shop act, codified under MCA 27-1-710, allows third parties to be held liable for the actions of drunk drivers if they provided alcohol to minors or visibly intoxicated people. Ask your lawyer if this applies to your wrongful death case.

Wrongful Death Claims Must Be Brought by the Personal Representative

In Montana, it’s not the families of accident victims who bring wrongful death claims, but the personal representatives of deceased people’s estates. These individuals are typically named in the will or appointed by the court to act on behalf of any surviving family members. While the person who brings the wrongful death claim is the same, the beneficiaries vary. They typically include surviving spouses, children, and parents.

Types of Damages You Can Recover Following a Fatal Drunk Driving Accident

The types of damages you can recover following a fatal drunk driving accident in Big Sky Country typically include three categories of harm:

1. Economic damages. Economic damages can include things like funeral and burial expenses, the loss of future income or benefits, and more. The personal representative may also be able to file a survival action at the same time as the wrongful death claim to recover pre-death medical bills and lost earnings.
2. Non-economic damages. Non-economic damages from drunk driving wrongful death claims can include the sorrow and mental anguish of the surviving family members and the loss of companionship and care. A survival action can also recover pain and suffering during the time your loved one was conscious prior to their death.
3. Punitive damages. Under MCA 27-1-221, you may also be able to recover punitive damages. Punitive damages are assigned by Montana courts only when defendants act with actual malice, which the law defines as intentionally disregarding facts that create a high probability of injury to another person.

Your attorney can help you identify all of the damages in your case, helping to make sure that you receive full compensation.

Statutes of Limitations for Drunk Driving Wrongful Death Cases

Under Montana law, you have three years from the date your loved one died to bring a wrongful death claim against the liable driver. A failure to take action within this period can lead to your becoming ineligible to receive compensation. Don’t wait until the statute of limitations is nearing its end. Hire a wrongful death lawyer as soon as possible to help you start collecting evidence and building an effective case.

FAQs

Q: What Are the Penalties for Drunk Driving in Montana?

A: Penalties for drunk driving in Montana typically include driver’s license suspension, fines, and jail time, and these penalties automatically increase under certain conditions. If the defendant has a record of past DUI convictions or if they caused an accident while intoxicated that resulted in serious injury or death, their penalties can increase dramatically. Your attorney can explain how such details could influence your wrongful death case.

Q: Who Can File a Wrongful Death Case in Montana?

A: In Montana, the personal representative of the deceased’s estate can file a wrongful death case on behalf of the victim’s surviving family and beneficiaries. If the deceased did not have an estate plan naming a personal representative, the court can appoint a personal representative to act as the plaintiff in the wrongful death case.

Q: What Damages Can You Claim for a Wrongful Death Caused by Drunk Driving?

A: The damages you could claim for a wrongful death caused by drunk driving can include economic losses like funeral and burial expenses, lost financial support, and damages to the deceased’s estate. The victim’s family can also receive compensation for their pain and suffering. Punitive damages are sometimes awarded when a wrongful death results from illegal misconduct like drunk driving.

Q: Why Should I Hire a Wrongful Death Lawyer?

A: You should hire a wrongful death lawyer to have the greatest chance of success with your case. Wrongful death claims are inherently difficult in several ways, and it is crucial to have experienced legal representation on your side. Your attorney can gather crucial evidence, make sure you meet all filing requirements with the court, and guide you through every step of your proceedings until you reach a favorable outcome.

Hire a Wrongful Death Lawyer Today

If you’ve lost a loved one due to another person’s negligence or intentional act, it’s time to hire a wrongful death lawyer to help you file a claim.

The team at Bliven Law Firm, P.C. can answer your questions about filing a wrongful death case after a drunk driving accident in Montana. We have years of proven experience helping clients across the state with these difficult cases, and you can expect compassionate, responsive communication from our team. Contact us today to schedule a free consultation with a Montana wrongful death attorney and learn how we can help.

Kalispell Office

704 South Main Street
Kalispell, MT 59901

Boardman Office

202 North Main Street, Suite 1
Boardman, OR 97818