Helena Wrongful Death Lawyer

Wrongful Death Attorney In Helena

The central issue in a wrongful death claim is whether or not the action or inaction of someone else caused a death. A Helena wrongful death lawyer is interested in the sequence of events that led to the incident in question and the decisions, circumstances, and conduct that caused or permitted it to continue until your loved one was killed. Wrongful death cases often turn on a careful examination of all available evidence to see whether legal responsibility can be established.

Bliven Law Firm, P.C., works with Helena families to review these factors and apply them within the framework of Montana wrongful death law.

Hire a Wrongful Death Lawyer

Bliven Law Firm, P.C., represents clients in Helena and throughout Montana’s Lewis and Clark County in wrongful death and personal injury cases. For more than 30 years, we have worked on claims arising from fatal accidents on state highways, as well as on rural roads and local streets, and in other situations. Our firm works to settle claims, if possible, but we will litigate when necessary.

Who Can File a Wrongful Death Claim in Montana

In Montana, a wrongful death claim must be filed by the personal representative of the decedent’s estate and is filed for the benefit of the surviving spouse, children, or other beneficiaries or heirs. Where there is no representative of the estate appointed, a personal representative usually must be appointed before the claim can be filed.

Issues of legal standing can give rise to conflicts when more than one person has an interest in the claim or when the estate has not been established. Selecting the appropriate representative is critically important, as it will affect both the filing process and the scope of damages, as well as distribution to those ultimately entitled to receive it.

Common Causes of Wrongful Death in Helena

Motor vehicle accidents, unsafe premises, and other accidents resulting from failures to follow safety standards are among the most common causes of wrongful death claims in Helena. Accidents involving cars frequently occur on I-15, U.S. 12, or streets characterized by heavy traffic and busy intersections. According to the Insurance Institute for Highway Safety, there were 208 deaths on Montana roadways in 2023.

Unsafe premises can also involve conditions that occurred, such as slips and falls on personal or commercial property. Between 2014 and 2023, there were 1,838 unintentional fall deaths among Montanans aged 45 years and older. Maintenance or supervisory problems with the property can also be explored. After the underlying cause of the accident is determined, your attorney can help you determine whether a duty of care was breached, leading to your loved one’s death.

What Damages May Be Considered in a Wrongful Death Claim

Wrongful death damages in Montana are determined by the financial and non-financial losses incurred by the decedent’s death. Under Montana Code Annotated § 27-1-323, damages may include lost income afnd financial support, along with their monetary value. The jury may also factor in the value of the support, services, and financial assistance that the deceased would have provided in the future.

The calculation also takes into account the decedent’s likely future earnings, and the quantifiable impact of the death on the decedent’s beneficiaries. Depending on the specific facts, you might also be able to recover for non-economic losses. The evidence of documentation, employment, and past contributions to the family or household determines all of these factors.

FAQs

How Long Do I Have to File a Wrongful Death Claim in Montana?

The statute of limitations for filing a wrongful death claim in Montana is typically three years from the date of death, according to Montana Code Annotated § 27-2-204. This time limit directly determines whether a claim can proceed. There are instances where different time frames or notice requirements might apply, depending on the parties or the nature of the claim.

Can More Than One Person Be Held Responsible for a Wrongful Death?

In some cases, there may be more than one party liable for a wrongful death. For instance, more than one driver might be liable for a car accident, or a property owner could be held liable in addition to a driver. In many cases, each defendant’s conduct will be analyzed individually, and comparative fault can be allocated among multiple defendants.

What Is the Difference Between a Criminal Case and a Wrongful Death Claim?

A criminal case and a wrongful death claim involve different legal issues, even if they arise from the same incident. The state brings a criminal case and deals with whether a person violated a law. A wrongful death claim is a civil action seeking compensation for losses resulting from the death. These cases are separate and follow different legal standards.

Do All Fatal Accidents Lead to a Wrongful Death Claim?

Not all fatal accidents result in a wrongful death claim. Whether a claim is possible depends on whether the death can be traced to the conduct or inaction of another party and whether that party failed to fulfill a legal duty. Without a basis to establish liability, a claim cannot be pursued. Every case must be reviewed on its own facts to determine whether a wrongful death claim is possible.

Can a Wrongful Death Claim Be Filed if the Incident Involved a Government Entity?

Claims involving a government entity are subject to different procedural requirements. Statutes and legal requirements may vary if a government entity is a party to your claim. Specific notice provisions and abbreviated time frames are two examples. There are often additional procedural requirements depending on the agency in question. Navigating these requirements is key to understanding whether your claim can proceed.

Contact a Helena Wrongful Death Lawyer

Helena wrongful death claims are largely determined by Montana’s unique statutes regarding who can file and what damages are considered. The application of the relevant legal rules to the facts of the wrongful death often determines the ultimate result.

At Bliven Law Firm, P.C., we analyze wrongful death cases based on the law and the facts, so that every claim is decided on its own legal merits rather than any predetermined notion of what a wrongful death claim is. Schedule a consultation to hire a wrongful death lawyer today.

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