Who Can File a Wrongful Death Claim in Montana?

In Montana, the law specifies that certain individuals have the right to file a wrongful death claim. Generally, this right is granted to the personal representative of the deceased person's estate. This individual is often named in the decedent's will or appointed by the court. While the claim is brought on behalf of the estate, the damages recovered benefit the deceased person's surviving family members.

Immediate family members, such as spouses, children, and parents, are typically the primary beneficiaries of wrongful death claims. If the deceased was unmarried and without children, other relatives, such as siblings or grandparents, might be eligible to benefit from the claim. It's essential to consult with a knowledgeable wrongful death attorney to understand who can file the claim and who stands to benefit from any recovery.

What Damages Could Be Recovered in a Wrongful Death Claim in Montana?

The damages in a wrongful death claim aim to compensate surviving family members for their losses. In Montana, several types of damages may be awarded, including:

• Economic Damages: These include measurable financial losses such as medical bills incurred before death, funeral and burial expenses, loss of the deceased's future earnings, and the value of services the deceased provided to the household.
• Non-Economic Damages: These encompass more subjective losses, including the loss of companionship, care, and guidance the deceased would have provided. Additionally, family members may be compensated for the emotional distress and suffering caused by the untimely death.
• Punitive Damages: In cases where the defendant's conduct was particularly egregious or reckless, punitive damages could be granted to penalize the wrongdoer and deter similar conduct in the future.

What is the Statute of Limitations for a Wrongful Death Claim in Montana?

Montana law imposes a strict deadline, known as the statute of limitations, for filing a wrongful death claim. In Montana, the statute of limitations for wrongful death claims is normally three years from the date of the deceased person's death. Failing to file within this period can result in the loss of your right to pursue compensation.

However, there can be exceptions and nuances relying on the specifics of the case, such as the discovery of new evidence. It is essential to act promptly and consult with a wrongful death lawyer as soon as possible to ensure that all legal deadlines have been met and your rights are defended.

Contact Our Wrongful Death Lawyer in Whitefish Today

Navigating a wrongful death claim requires a deep understanding of Montana law and a compassionate approach to handling sensitive family matters. Bliven Law Firm, P.C. is dedicated to providing the support and legal expertise needed during this challenging time. We stand ready to defend the rights of your loved ones and secure the compensation you deserve.

If you have lost a loved one because of another's negligence or wrongful actions, do not hesitate to seek legal counsel. Contact us today to schedule a consultation with our Whitefish wrongful death attorney. Let us help you navigate the legal process and work toward a resolution that honors the memory of your loved one.

Contact Bliven Law Firm, P.C. today to get started with our Whitefish wrongful death attorney.