Wrongful Death Attorneys Missoula MT

Montana Wrongful Death Law

Under Montana's Wrongful Death Act (Mont. Code Ann. § 27-1-513), when a person dies as a result of another party's wrongful act, neglect, or default, the surviving family members have the right to pursue a civil lawsuit to recover compensation for their losses. This is separate from any criminal prosecution — even if no criminal charges are filed, a wrongful death civil claim can proceed.

Montana also permits a survival action (Mont. Code Ann. § 27-1-501), which allows the estate of the deceased to recover damages the deceased would have been entitled to had they survived — including pain and suffering between the negligent act and death. Both claims are typically pursued simultaneously.

Who Can File a Wrongful Death Claim in Montana?

Under Montana law, the personal representative of the estate brings the wrongful death action on behalf of the deceased's heirs. Recoverable damages flow to the spouse, children, and in some cases parents or other dependents. If no personal representative has been appointed, courts can designate one. We handle this process as part of our representation at no additional charge.

What Damages Are Recoverable?

Economic Losses

✓ Lost income and future earning capacity
✓ Lost benefits (retirement, health insurance)
✓ Medical expenses from the incident to death
✓ Funeral and burial costs
✓ Lost household services and support
✓ Loss of inheritance the family would have received

Non-Economic Losses

✓ Loss of companionship and consortium
✓ Loss of parental guidance for children
✓ Grief, sorrow, and mental suffering
✓ Loss of nurture and care for minor children
✓ Pain and suffering of the deceased (survival action)
✓ Punitive damages where conduct was willful or wanton

Common Causes of Wrongful Death Cases We Handle

Fatal car, truck, and motorcycle accidents caused by driver negligence

Pedestrian deaths at crosswalks and intersections

Medical malpractice — surgical errors, misdiagnosis, failure to treat

Workplace accidents — construction falls, equipment failures, toxic exposure

Premises liability — drowning, falls, inadequate security

Defective products — vehicles, safety equipment, medical devices

Nursing home negligence and elder abuse

The Statute of Limitations

Montana wrongful death claims must be filed within three years of the date of death (Mont. Code Ann. § 27-2-204). In medical malpractice wrongful death cases, different rules may apply. If the claim involves a government entity, a notice of claim must typically be filed within two years. These deadlines are absolute. Missing them means losing the right to any recovery, regardless of how clear the negligence.

We know that families in grief don't immediately think about legal deadlines. If you've lost a loved one and believe negligence was involved, contact us as soon as you are able. We will protect your rights and give your family the time it needs.

We Are Here For You

There is no obligation. Just a compassionate attorney who will listen.

Schedule a Private Call (406) 555-0199

✓ Confidential consultation · ✓ No fee unless we win · ✓ Home visits available · ✓ Evening hours by appointment

Key Montana Deadlines

3 years — general wrongful death statute of limitations
2 years — claims involving government entities
3 years — medical malpractice (with notice requirements)

Don't wait — call to protect your family's rights now.

Related Practice Areas

→ Auto Accidents → Truck Accidents → Motorcycle Accidents → Insurance Disputes

Wrongful Death Case Results

Every case is different. These results reflect what is possible with thorough investigation and determined advocacy.

$2,100,000

Fatal Truck Accident

A Missoula father of three was killed when a distracted commercial driver ran a red light. The trucking company's insurer offered $150,000 within days of the accident. We built a comprehensive future-earnings and loss-of-consortium case and achieved a $2.1 million settlement at mediation.

$900,000

Pedestrian — Wrongful Death

Elderly Missoula resident struck in a marked crosswalk by a driver who ran a red light. Family was initially offered a lowball settlement citing the victim's age. We documented the full value of companionship losses suffered by the surviving spouse of 44 years and achieved a $900,000 recovery.

$1,400,000

Medical Malpractice Death

A 52-year-old patient died after a surgeon failed to recognize and treat internal bleeding following a routine procedure at a Missoula hospital. The hospital disputed causation. Our medical expert team established the standard of care breach and connected it directly to cause of death. Settlement before trial.

Wrongful Death