Missoula Wrongful Death Lawyer

Experienced Wrongful Death Attorney In Missoula

Personal injuries can occur unexpectedly in many ways in Missoula, from car crashes on I-90 to slip-and-fall accidents at work. Unfortunately, not all victims survive their personal injuries. If you have recently lost a family member due to another party’s negligence or illegal misconduct, it is crucial to consult a Missoula wrongful death lawyer at your first opportunity. The right lawyer can help you pursue accountability and compensation.

Experienced Wrongful Death Counsel in Missoula, MT

The attorneys at Bliven Law Firm, P.C. have more than 30 years of experience helping injured clients navigate difficult wrongful death cases in Missoula. We have successfully recovered many large case awards, and we’re confident we can provide the compassionate and results-driven legal counsel you need in the aftermath of another party’s actions resulting in a loved one’s wrongful death.

Our team will carefully review the details of the fatal injury in question, identify the party responsible, and gather the evidence you need to firmly establish liability for wrongful death. You have limited time to build your case, and you need to hire a wrongful death lawyer as soon as possible to have the greatest chance of success. We’re confident we can guide you to a positive conclusion to your wrongful death case in Missoula.

Building Your Wrongful Death Claim in Missoula

A wrongful death case can arise in various ways. For example, motor vehicle accidents are a leading cause of accidental injuries and deaths in the US each year. In 2024, large trucks were involved in 5,218 fatal collisions, marking a 3% decrease from the year prior. The violent crime rate in Missoula stands at 5.257 per 1,000 residents, and deadly assaults and homicides contribute to those figures.

Other common causes of wrongful death include workplace accidents, falls, and acts of violence. If the victim of the fatal injury would have had grounds to file a personal injury case if they had survived, then it’s likely you and your family have grounds to file a wrongful death case when they have not.

No matter how the fatal injury happened, Montana’s wrongful death statute requires that the personal representative of the deceased’s estate act as plaintiff in a wrongful death case. This case is filed on behalf of the victim’s surviving family and beneficiaries and seeks compensation for their damages from the party responsible for causing the fatal injury in question.

How a Lawyer Can Help

Much like in any other personal injury case, the plaintiff must prove the defendant is directly responsible for causing the damages cited in the claim. Your Missoula wrongful death lawyer can help you gather the evidence you need to not only establish fault for the death in question, but also to accurately calculate the total damages you are eligible to claim from the defendant.

Your family can have grounds to claim substantial compensation from whoever caused the victim’s fatal injury, but you could face multiple challenges throughout your legal proceedings. The team at Bliven Law Firm, P.C. is ready to build a comprehensive wrongful death claim on your family’s behalf, so reach out to our firm as soon as possible to learn more about the legal services we offer.

How to File a Wrongful Death Claim in Montana

A wrongful death claim permits surviving family members the ability to obtain compensation when a loved one dies because of another party’s negligent, reckless, or intentional conduct. The process begins with investigating the circumstances surrounding the death and gathering evidence that establishes liability. This may include accident reports, medical records, witness statements, photographs, surveillance footage, and testimony.

After the available evidence has been reviewed, a claim is typically submitted to the at-fault party’s insurance company. Insurance companies often conduct their own investigations and may dispute liability or attempt to minimize the value of the claim. Negotiations may resolve the matter through a settlement, but if the insurer refuses to offer fair compensation or denies responsibility, the surviving family may need to file a civil court action.

If litigation becomes necessary, the case may proceed before the Missoula County District Court, located at 200 W. Broadway Street in Missoula, where both sides can present evidence, question witnesses, and make legal arguments before a judge or jury. Compensation may include medical expenses incurred before death, funeral and burial costs, lost financial support, loss of companionship, and other damages allowed under Montana law.

Understanding the Statutes of Limitations

Court systems across the country enforce strict legal deadlines known as the statutes of limitations. These deadlines exist to encourage timely filings and to promote efficient dockets. For most personal injury claims in Montana, plaintiffs must file their cases within three years of the date of the injury. Missing this deadline could result in the case being dismissed, which would effectively bar the injured party from pursuing the compensation they are owed.

Certain circumstances may affect how these deadlines apply, making it important to determine the correct filing period as early as possible. Beginning the legal process promptly also helps preserve valuable evidence, such as surveillance footage, while strengthening your position during negotiations with insurance companies. Consulting an attorney soon after an injury can help make sure all procedural requirements are met, and your rights are protected.

Why You Should Hire a Wrongful Death Lawyer

An injury claim can account for economic damages, such as medical bills, lost wages, and out-of-pocket expenses. Attempts at life-saving treatments at Providence St. Patrick Hospital Emergency Department, located at 500 W. Broadway Street, or another nearby hospital can leave surviving loved ones contending with unexpected medical bills.

When you hire a wrongful death lawyer, you gain the steady support of an attorney who understands the state’s complex wrongful death laws and how they could shape the outcome of your wrongful death claim. A Missoula wrongful death attorney can take the time to learn about the hardships you suffered before moving forward with a strong claim that can lead to fair compensation.

Lawyers are skilled negotiators who can leverage their years of experience and the evidence to secure a settlement that reflects the full scope of your losses. If those talks do not lead to the financial recovery that you are owed, your lawyer can take the additional step of filing an injury claim in civil court.

FAQs

How Do You Prove Fault for a Wrongful Death in Missoula?

Proving fault for a wrongful death in Missoula will likely require various forms of evidence that your attorney can obtain on your behalf. The evidence you will need will depend on how the fatal injury happened. For example, if the victim died in a car accident, you may need evidence like the at-fault driver’s cell phone records, vehicle computer data, police reports, and testimony from witnesses who saw the accident happen in real time.

What Does Comparative Negligence Mean for a Wrongful Death Case?

In a wrongful death case, comparative negligence means that multiple parties share fault for the fatal injury in question. This could mean multiple defendants sharing fault for a victim’s damages, or that the victim shares fault for causing their own injury. In the latter case, as long as the plaintiff is less at fault than the defendant, they can still claim compensation, but the plaintiff’s fault percentage reduces the award.

How Much Compensation Can You Claim for Wrongful Death in Missoula?

The amount of compensation you can claim for wrongful death in Missoula depends on the specific details of the case. It’s possible for a plaintiff to seek compensation for the family’s emotional suffering, funeral and burial expenses, and lost financial support the victim can no longer provide. Your Missoula wrongful death lawyer can determine the full extent of the damages you may be able to recover for your loved one’s wrongful death.

Will the Defendant Go to Jail for Causing a Wrongful Death?

The defendant could go to jail for causing a wrongful death based on how they caused it. If they were negligent, they would face liability for the family’s damages. Still, if their actions were illegal or exceeded the scope of typical negligence, they could face criminal charges from the state. When a person is charged with a crime in Montana, their penalties increase significantly if their actions cause fatal harm.

Why Should I Hire a Wrongful Death Lawyer?

You should hire a wrongful death lawyer to improve your chance of success with your case. The right attorney can help you accurately calculate the full scope of the damages you are eligible to claim and guide you through every step of your proceedings efficiently. Even if the fault for your loved one’s death seems obvious to you, the actual legal process of making sure there is accountability for the defendant is likely to be more challenging than you expect.

Contact Us Today

The team at Bliven Law Firm, P.C. has successfully represented many past clients in complex wrongful death cases, and we are ready to put this experience to work on your behalf. You have limited time to pursue accountability and compensation in a wrongful death case, and we are confident we can guide you to a positive conclusion to this difficult case. Contact us today and schedule your free consultation with a Missoula wrongful death lawyer you can trust.

Missoula Wrongful Death Lawyer Reviews