Losing a loved one can be deeply upsetting regardless of the circumstances. But when the loss comes suddenly, unexpectedly, and as the result of someone else or a person’s negligence or carelessness, it’s natural to experience feelings of anger and a desire for justice to honor your loved one’s memory. A Kalispell wrongful death lawyer can help you pursue a wrongful death claim.
Suppose you recently experienced the death of a close family member in a vehicle collision, workplace accident, act of violence, or other incident. In that case, you may be eligible to pursue a wrongful death claim against the party responsible for filing a wrongful death will. A Kalispell wrongful death lawyer can help you fight for compensation and accountability and create space for you to grieve without worrying about the legal details. Contact Travis, Moore & Brann PLLP to discuss your situation in a free consultation.
What Is a Wrongful Death Claim?
Montana law defines a wrongful death as one caused by the wrongful act or neglect of another. In other words, if someone else’s negligence, carelessness, misconduct, or deliberate intent caused your loved one’s death, you may have grounds to pursue a wrongful death claim against the responsible party.
A wrongful death claim typically requires establishing a wrongful death case on four key elements:
- The death of a person occurred
- The negligence or intentional misconduct of another party caused the death
- The negligent party owed the decedent a duty of care, which means they had an obligation to act reasonably and safely to avoid causing harm
- Surviving family members have suffered harm as a result of the death, such as loss of financial support or companionship
A Kalispell wrongful death lawyer will work with the personal representative of the victim’s estate to bring the claim on behalf of the estate. Proving the above elements requires gathering evidence, witness testimony, and expert opinions to support the claim.
What Are Some Common Causes of Wrongful Death?
Wrongful death can arise from various circumstances where someone’s negligence or intentional actions result in another person’s death. Some very common causes of wrongful death can include:
- Car Accidents – Reckless driving, speeding, DUI, or failure to obey traffic laws can lead to fatal collisions.
- Medical Malpractice – Errors by healthcare professionals during surgery, diagnosis, or treatment can result in wrongful death.
- Workplace Accidents – Negligence in maintaining a safe work environment, inadequate training, or faulty equipment can lead to fatal accidents.
- Product Liability – Defective products, including pharmaceuticals, vehicles, or consumer goods, can cause fatal injuries.
- Premises Liability – Property owners failing to address hazards that can result in fatal accidents. This can include slippery floors, inadequate security, or faulty construction.
- Criminal Acts – Homicide, assault, and other acts of criminal violence can result in wrongful death.
- Dangerous Conditions – Environmental hazards, such as toxic substances or unsafe conditions in public areas, can have fatal consequences.
- Nursing Home Neglect – Failure to provide proper care, neglect, and abuse in nursing homes can lead to the death of residents.
These wrongful death lawsuits often involve complex legal considerations, requiring thorough investigation and evidence gathering to establish liability and pursue compensation for the surviving family members.
Who Can Bring a Wrongful Death Lawsuit in Montana?
In Montana, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim against the responsible party. The personal representative is typically identified in the decedent’s will or estate plan. While this person is usually a close family member, it can generally be anyone of the decedent’s choosing. If they don’t name a personal representative, the court will appoint one, usually a close family member.
Although the personal representative is responsible for filing the wrongful death claim, they do so on behalf of the estate’s beneficiaries. For instance, these typically include the immediate family members of the decedent’s:
- Surviving spouse
- Children, including adopted children and stepchildren
- Parents
- Siblings
- Grandparents
- Lineal descendants
These surviving family members and beneficiaries may recover damages and compensation for the loss of their loved one in a wrongful death lawsuit.
What Compensation Is Available in a Montana Wrongful Death Claim?
A wrongful death claim aims to compensate surviving family members for various losses incurred due to the death of their loved ones. Compensation for wrongful deaths typically includes:
- Economic Damages – Financial losses resulting from the death, such as medical expenses, funeral costs, lost income, and loss of future earnings or financial support
- Non-Economic Damages – Intangible losses that don’t have a specific monetary value, including pain and suffering, loss of companionship, emotional distress, and loss of guidance or consortium
- Punitive Damages – In cases involving extreme negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar behavior in the future
Compensation amounts in wrongful death compensation claims are determined based on various factors, including:
- Financial Documentation – Evidence of the deceased’s income, financial contributions to the family, and expenses related to the death are crucial in calculating economic damages.
- Expert Testimony – Experts may provide opinions on the deceased’s earning capacity, future financial losses, and the impact of the death on surviving family members’ emotional well-being.
- Comparative Negligence – Montana follows a modified comparative negligence system, meaning compensation may be reduced if the deceased was partially at fault for the accident that led to their death.
- Jury or Judge Discretion – Ultimately, the amount of compensation awarded may be decided by a jury or judge, taking into account the evidence presented, the extent of the losses, and applicable legal principles.
Determining compensation in wrongful death claims is a complex process. It requires the input of a Kalispell wrongful death attorney, financial and legal professionals, and other experts. This ensures fair and just outcomes for the surviving family members.
How Can a Wrongful Death Lawyer Help?
Going through the process of filing a wrongful death claim can be complex, in addition to being emotionally overwhelming. Having a knowledgeable Montana wrongful death lawyer to assist with your wrongful death case can make the process less stressful. They will:
- Provide Legal Understanding – Attorneys specializing in wrongful death cases understand the complexities of Montana laws and court procedures. They can also help accomplish the legal requirements for establishing liability and obtaining compensation.
- Employ Investigative Skills – Attorneys will thoroughly investigate the circumstances surrounding the death. They gather evidence, interview witnesses, and work with experts to build a strong case.
- Calculate Full Compensation – Determining the full extent of economic and non-economic damages requires expertise. Attorneys can assess your financial losses, estimate the decedent’s future earning potential, and quantify intangible losses like pain and suffering.
- Negotiate with Insurance Companies – Insurance companies often try to minimize payouts. Attorneys skilled in negotiation and mediation can advocate for fair compensation and handle communications with insurers on your behalf.
- Represent You in Court – If a fair settlement cannot be reached, attorneys are prepared to litigate the case. They can present evidence, cross-examine witnesses, and advocate for your rights before the court.
- Provide General Support – Losing a loved one is emotionally taxing. Attorneys offer compassionate support, guiding you through the legal process, answering your questions, and providing reassurance during a difficult time.
Overall, having a Kalispell wrongful death lawyer by your side ensures that your rights are protected. This gives you the best chance of obtaining the compensation you deserve while focusing on healing and moving forward.
Is There a Deadline for Filing a Wrongful Death Lawsuit?
Montana has a three-year statute of limitations for filing a wrongful death lawsuit. This means you typically have three years from the date of your loved one’s death to take legal action. If you choose not to take action, you risk jeopardizing your right to pursue compensation.
Some circumstances may affect your timeline for filing a wrongful death suit. If medical malpractice caused the wrongful death, the deadline is two years from the date of the deceased’s death or ten years from the date of discovery. If your loved one’s death resulted from a defective product, you must file suit within 10 years of the product’s initial availability for sale.
The timeframe for filing a wrongful death lawsuit can be complicated. Some exceptions may change the deadline depending on the circumstances surrounding your loved one’s death. Contact an experienced wrongful death lawyer to ensure you’re taking action in an appropriate amount of time to recover compensation. Once the statute of limitations for wrongful death attorneys has passed, you lose the opportunity to recover damages. You forfeit the compensation your family deserves and the opportunity to hold the responsible party accountable for the loss they’ve inflicted on your family.
Contact a Kalispell Wrongful Death Lawyer Today
After the loss of a loved one, you may be facing emotional distress and significant financial challenges. It’s natural to have questions and concerns about what the future may hold. While financial compensation won’t restore your family to how it was before the accident, it can provide valuable assistance. As you work to move forward, you can feel that justice was served. With the help of a lawyer, the responsible party will be held accountable for their negligent actions.
When you’re dealing with the aftermath of a loved one’s wrongful death, you need an experienced attorney to guide you. They can guide you through the legal process associated with pursuing compensation for your loss. Contact our law firm, Travis, Moore & Brann PLLP, by calling (406) 752-7550 or filling out our online contact form to get started with a free consultation to discuss your situation and review your options. Our team of Kalispell wrongful death lawyers looks forward to demonstrating how we can help you and your family. If you have lost a loved one, call us today to get personalized attention and get the compensation you deserve.
