Montana Wrongful Death Lawyer

Wrongful Death Attorney In Montana

Have you lost a loved one because of someone else’s negligence or recklessness? You are not alone during this difficult time. Let an experienced Montana wrongful death lawyer at Bliven Law Firm, P.C., help you obtain full and fair compensation for your family. Our attorneys work hard to ensure the optimal outcomes for grieving families. From Bigfork to Whitefish, our team is here for you if you’ve suffered the devastating ultimate loss as a family.

Why Choose Bliven Law Firm, P.C.?

At Bliven Law Firm, P.C., we understand the emotional and financial burdens that come with losing a loved one unexpectedly. Our team is committed to offering compassionate support and strategic legal guidance tailored to your unique situation.

For more than 30 years, we have helped families through one of the most challenging periods of their lives. Our attorneys have experience with a wide variety of wrongful death claims, and our involvement can significantly impact both the success and value of your claim. Whether you live in Great Falls or Missoula, we are here when you need us most.

We stand by you every step of the way, striving to relieve the stress that accompanies the legal processes involved in wrongful death claims. Our focus is on helping you secure the financial stability you need to heal and move forward.

Overview: Wrongful Death

When someone’s negligence or wrongful acts cause or considerably contribute to someone’s death, Montana’s civil and criminal laws may apply. Regardless of whether the at-fault party faces criminal charges, the civil courts can play a critical role in securing accountability and justice for surviving loved ones.

Under Montana law, wrongful death claims are governed by Mont. Code Ann. § 27-1-513, which allows surviving family members to pursue compensation when a death results from another party’s negligence, recklessness, or intentional act. These claims differ from survival actions under Mont. Code Ann. § 27-1-501, which allows the deceased’s estate to recover damages the victim could have sought had they survived.

A wrongful death claim seeks compensation for economic and emotional losses suffered by surviving family members, including funeral expenses, loss of financial support, and loss of companionship.

Who Actually Files a Wrongful Death Case in Montana?

Only the personal representative of the deceased’s estate may file on behalf of eligible beneficiaries. If no personal representative exists, a Montana court may appoint one, or the surviving family members may step into this role. The personal representative is essential because they are the only party with the legal standing to initiate and maintain a wrongful death action.

Under Montana law, only one wrongful death claim may be filed, so the personal representative serves as the central point person for consolidating all potential claims into a single action. That way, claims from spouses, children, and/or parents meet the single filing rule. Without a personal representative, a case might be dismissed because individual family members would not have the independent legal right to sue. There are some nuances worth discussing with an attorney.

Eligible Beneficiaries

Eligible beneficiaries typically include a spouse, children, parents, or other legal representatives. Parents or legal guardians may file for a minor child. The personal representative acts as a trustee and has a legal obligation to act in the financial interests of the deceased’s heirs. They are responsible for ensuring that any compensation awarded in the wrongful death claim is distributed to all eligible beneficiaries.

With Montana’s comparative fault rule (§ 27-1-702), damages may still be recovered even if the decedent was partially at fault, meaning as long as their share of fault does not exceed 50%.

Common Causes of Wrongful Death in Montana

Sometimes, a person or company’s recklessness or carelessness leads to the death of another person. When this happens, surviving family members may be eligible to file a wrongful death claim to recover damages. These claims go through the civil courts. As such, they are separate from any criminal court proceedings against the at-fault party.

Common causes of wrongful deaths often involve risks and hazards that could be mitigated through responsible actions. Awareness of these dangers and taking preventive steps can save lives. By raising awareness, we also empower communities to take proactive measures to prevent negligence that could lead to tragic outcomes.

A wrongful death can occur in many ways. The most common causes of wrongful death in Montana include:

• Auto Collisions
• Drunk Driving Accidents
• Motorcycle Collisions
• Truck Accidents
• Bus Accidents
• Railroad Accidents
• Defective Products
• Slip and Falls
• Premises Liability Accidents
• Oil Field Accidents

Accident Statistics

If your family suffered an unimaginable loss, tragically, you are not alone. Montana reports a violent crime rate of about 4.869 per 1,000 residents each year, and those figures include murders and homicides. Even when assailants face murder charges, they can still be held liable in civil court.

Nationally, large trucks were involved in roughly 5,700 fatal crashes and 117,000 injury crashes in 2021. Defective products can also lead to preventable deaths. According to the Insurance Information Institute (III), net premiums for product liability insurance increased from $2.8 billion in 2015 to approximately $4.45 billion in 2023, reflecting a rise in claims and litigation across the country.

Filing a Montana Wrongful Death Claim: Key Elements

In Montana, family members of the deceased can file a wrongful death claim. To succeed in your claim, your wrongful death lawyer must establish four critical elements:

• The defendant owed a duty of care to the decedent
• The defendant breached this duty of care
• The breach of duty caused the fatality
• Surviving family members suffered damages as a result of the fatality

However, it is not just about proving these elements; it is also about presenting them to the court in a compelling, organized manner. Our Montana wrongful death lawyers are skilled in building strong claims, starting with a thorough investigation to gather necessary evidence, consulting with professionals when needed, and preparing persuasive arguments.

The goal is to ensure that the client’s story is told in a way that fully conveys the impact of the loss and is acknowledged in legal proceedings.

How We Can Help

Our assistance extends beyond courtroom representation. We guide families through every legal requirement, keeping them informed and empowered to make decisions that align with their interests. This personalized service is central to achieving resolutions that support surviving family members in their path to recovery.

Only certain surviving family members can file a wrongful death claim. Generally, those family members include spouses, children, and parents. In some cases, other family members may file a wrongful death claim when there are no other surviving family members. An experienced wrongful death attorney can help you through this complex and trying process.

What Is the Time Limit for Filing a Wrongful Death Action in Montana?

In the state of Montana, the statute of limitations for filing a wrongful death claim is generally three years from the date of the victim’s death. This means that the legal action must be initiated within this period for it to be considered valid in a court of law.

A delay in filing can jeopardize your ability to claim compensation because the statute of limitations is strictly enforced. It is crucial to take immediate action to preserve evidence and witness testimonies that may fade over time. Early engagement also allows ample time to craft a compelling legal strategy and to gather the comprehensive documentation required to strengthen your claim.

However, if the wrongful death was the result of a homicide, the time limit extends to ten years from the date of the death. This extension provides the deceased’s representatives more time to pursue justice in such serious circumstances.

Can I File a Claim for Wrongful Death if There Was No Criminal Conviction?

In Montana, it is possible to file a wrongful death action even if there is no criminal conviction. Criminal cases and wrongful death cases are distinct legal processes; the conclusion of one does not affect the other. A civil court, not a criminal court, hears wrongful death cases. Legal proceedings in civil courts focus on compensating the family rather than punishing the defendant.

The aim is to address the financial and emotional aftermath experienced by surviving family members due to the negligence that led to the wrongful death. This civil remedy provides an avenue to hold the responsible party accountable even if the criminal justice system does not. In a wrongful death claim, the burden of proof is not as high as in a criminal trial.

Instead of needing to demonstrate “beyond a reasonable doubt,” as in criminal cases, wrongful death claims necessitate only a “preponderance of evidence.” This implies that it’s more probable than not that the defendant’s negligence resulted in the fatality. Consequently, even if an individual is acquitted in a related criminal proceeding, they can still be found liable in a civil claim for wrongful death.

Community and Support Resources for Wrongful Death in Montana

Montana offers various community resources designed to support families dealing with the loss of a loved one due to wrongful death. From grief counseling services to legal advice lines, numerous organizations are dedicated to helping you navigate your emotional and legal challenges. These resources can be indispensable, providing networks of support that can offer peace of mind and practical assistance as you move forward.

Here are some local resources that may assist:

• Grief Counseling Centers: Facilities across Montana that provide professional mental health support to grieving families. Tamarack Grief Resource Center is a respected center with offices in Missoula, Kalispell, and Browning.

• Legal Aid Services: Organizations offering guidance on wrongful death and personal injury claims.

• Support Groups: Community groups that bring together individuals who have experienced similar losses for mutual emotional support. Hope & Healing Support Group – Benefis Peace Hospice of Montana is another respected option.

A strong legal partnership is also critical in effectively navigating the aftermath of a wrongful death. At Bliven Law Firm, P.C., we believe in combining our legal efforts with these invaluable community resources. By doing so, we aim to offer a comprehensive support network that addresses all facets of your recovery journey.

Why You Should Hire a Montana Wrongful Death Lawyer

If you suffered the ultimate loss, your top priority should be to hire a wrongful death lawyer who brings years of experience managing wrongful death cases. Montana’s wrongful death laws provide a pathway for surviving loved ones to hold negligent parties accountable for the unimaginable harm they cause, but any claim must be backed by evidence.

A Montana wrongful death attorney brings years of experience applying wrongful death laws to help clients obtain the accountability and compensation they are owed. Lawyers are skilled negotiators and seasoned litigators who prioritize their clients’ interests at all times.

Tips for Finding the Right Wrongful Death Law Firm

Choosing the right wrongful death law firm is vital to protecting your family’s future. Start by selecting a Montana-based firm familiar with local courts and state statutes. Look for attorneys with proven experience handling wrongful death and personal injury claims and review client testimonials or case results.

Schedule consultations and come with questions. Assess how clearly the attorney communicates and whether they demonstrate both compassion and legal skill. Confirm that the firm has the resources to investigate complex cases and negotiate with insurers. A dedicated legal team ensures your family’s financial and emotional recovery remains the top priority.

Frequently Asked Questions on Wrongful Death in Montana

What Compensation Can Be Claimed in a Wrongful Death Action in Montana?

In Montana, a wrongful death claim can seek several types of compensation to cover both economic and non-economic losses. Economic damages often include medical and funeral expenses, lost wages, and loss of future income. Non-economic damages can cover loss of companionship, emotional distress, and loss of guidance for surviving family members.

Calculating these damages requires careful evaluation, often involving economists and other professionals to establish the true financial impact of the loss. Bliven Law Firm, P.C., works diligently to ensure all possible elements of damages are considered so that your family can receive the compensation needed to begin healing and rebuilding your lives. We aim to present a comprehensive claim that accurately reflects the full extent of your loss.

Can Siblings File a Wrongful Death Claim in Montana?

In Montana, the individuals entitled to file a wrongful death claim are typically immediate family members such as spouses, children, and sometimes parents. Siblings are generally not first in line but can potentially file a claim under specific conditions, particularly when there are no other eligible immediate family members.

A claim by a sibling requires showing the nature of the relationship and the level of dependency, both emotionally and financially, on the deceased. A wrongful death attorney in Montana from Bliven Law Firm, P.C. can guide you through these specifics, ensuring that every possible entitlement to justice is pursued diligently and thoroughly. Every familial situation is unique, necessitating personalized legal advice tailored to your circumstances.

Is There a Cap on Damages in Montana Wrongful Death Claims?

Currently, Montana law does not impose arbitrary caps on the damages you can recover in a wrongful death claim. Economic damages are calculated based on the family’s actual financial loss, while non-economic damages also consider the profound emotional impact of the loss.

Without statutory limits, it is paramount to present a well-documented and justified claim to maximize potential compensation. Our wrongful death lawyers at Bliven Law Firm, P.C. are committed to crafting a strategy that fully encompasses all aspects of damages, ensuring the family receives equitable relief that acknowledges the full extent of their loss.

What Role Do Insurance Companies Play in Wrongful Death Actions?

Insurance companies often play a significant role in wrongful death claims, as many such claims hinge on the availability of policies that cover the negligent party. Understanding the interplay between different types of insurance and how they apply to your unique situation can be complex.

Insurance adjusters may seek to minimize payouts by leveraging complex policy language and technicalities. As your Montana fatal accident attorneys, we work to counter these strategies and insist on full policy benefits. Our experience with insurance negotiations equips us to effectively advocate on your behalf, ensuring that you are not shortchanged during this critical time.

Are Cases Typically Settled Out of Court in Montana?

While many wrongful death cases are settled before trial, the decision to settle depends on a variety of factors, including the willingness of the negligent party to compensate fairly, the strength of the evidence presented, and the preferences of the affected family.

Out-of-court settlements usually involve negotiations that can save the family the time and emotional strain of a court trial. However, our team at Bliven Law Firm, P.C. is always prepared to take a claim to trial if the settlement offers do not adequately compensate the family. We focus on ensuring that whatever the course, it aligns with what delivers complete resolution for those we represent.

What Happens if Multiple Family Members Disagree?

In Montana, when a family conflict arises and multiple family members disagree on how to distribute funds from a wrongful death claim, our courts usually intervene to ensure a fair and equitable distribution. That way, specific legal standards are followed rather than individual preferences.

This helps avoid ongoing disputes. Contact an attorney with extensive experience handling wrongful death claims. Your attorney can help coordinate the appointment of your personal representative.

Can I File a Wrongful Death Claim if I Am a Relative of the Deceased?

In Montana, being a relative, like a spouse, child, or parent, of the deceased does not automatically give you the right to file a wrongful death claim yourself. Under Mont. Code Ann. § 27-1-513, you must be a court-appointed personal representative of the deceased’s estate to file a wrongful death claim. While you may not file a claim solely as a relative, you can still become a personal representative.

If you’re named as an executor or personal representative in their will, you can file a wrongful death claim once the court confirms your appointment as their personal representative. Then you’ve fulfilled Montana’s requirement that the estate’s personal representative may file the wrongful death action.

There are some unique circumstances if the deceased was a minor, which is why it’s always a good idea to speak with an attorney before filing a wrongful death claim. Reach out to Bliven Law Firm, P.C. to ensure your wrongful death action is accurate and timely filed.

Handling the Details, So You Can Recover

If you can’t come to our office to discuss your claims due to injury or grief, we offer hospital and home visits. Weekend and evening appointments are available.

Providing Answers and Solutions

Taking on the legal system can seem overwhelming without prior knowledge or experience. Our Montana personal injury lawyers understand that this situation is not easy. That is why we dedicate our practice to helping those injured in various types of accidents.

Customized Legal Strategies

All of the legal professionals at Bliven Law Firm, P.C., understand that each injured victim has a unique situation. We work hard to obtain advance settlements for medical treatment and lost wages before the final settlement.

Dedicated Experienced Counsel

Bliven Law Firm, P.C. has been serving the injured individuals throughout Montana and Oregon for over 25 years. We have the tools, experience, and resources to effectively advocate on your behalf.

How Our Wrongful Death Attorneys Can Help You

At Bliven Law Firm, P.C., our wrongful death attorneys can help you file the necessary claims to collect both non-economic and economic damages after the loss of a loved one. These include:

Deciding to pursue a wrongful death claim can be a difficult decision during an emotionally taxing time. We aim to simplify this process by providing clear and comprehensive legal advice. We assist with gathering all the documentation and evidence necessary to substantiate your claim, ensuring all paperwork is filed correctly and on time. This meticulous approach is vital to building a solid case that accurately reflects the damages incurred.

Economic Damages

• Medical bills: These cover any medical expenses related to the deceased’s care from the time of the injury until death.
• Lost wages: Compensation for lost earnings from the time of injury until death.
• Loss of future earnings: Projected earnings that the deceased would have contributed to their family.
• Future benefits earned: Loss of potential pension plans, insurance, and the like.
• Funeral and burial expenses: Costs associated with commemorating your loved one.

Non-Economic Damages

• Pain and suffering: Compensation for emotional distress and physical pain experienced by the family.
• Loss of companionship: Acknowledging the impact of losing the company of the deceased.
• Loss of consortium: Recognizing the personal loss of a partner or spouse.
• Loss of guidance and support: For surviving family members who depended on the decedent’s advice and support.

We offer real support and compassionate care during this time. We know that no amount of compensation could ever replace the loss of your loved one. Yet, we believe in helping grieving family members move forward in life as completely as possible after suffering a loss.

Our approach to wrongful death claims is not only centered on legal outcomes but also on providing emotional and practical support. We connect our clients with resources and support groups that offer additional comfort and support during this challenging time. By holistically addressing your legal and personal needs, we aim to walk alongside you on the path to recovery and treat every client with the dignity and respect they deserve.

If you lose a loved one due to another person’s carelessness, it is important to act quickly. There are time limits for filing a claim. In Montana, families only have three years from the date of death to file a wrongful death action. As such, it is important to call our law firm today to learn more about your legal options.

Hire a Wrongful Death Lawyer at Bliven Law Firm, P.C. Today

Losing a loved one because of someone else’s negligence is a tragedy no family should face alone. While no amount of compensation could ever undo the suffering you are going through, a settlement can relieve you from financial stress. A Montana wrongful death lawyer can help you seek accountability and the financial security your family deserves. Hire a wrongful death lawyer at our office right away.

At Bliven Law Firm, P.C., we approach each case with compassion and dedication, handling every detail of the legal process so you can focus on healing. Our attorneys work to recover compensation for funeral costs, loss of income, and emotional suffering while holding the responsible party accountable. Contact our office today to discuss your case and take the first step toward justice and closure.

Kalispell Office

704 South Main Street
Kalispell, MT 59901

Boardman Office

202 North Main Street
Suite 1
Boardman, OR 97818