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Know your rights after a loved one's fatal accident


In the last few weeks, the nation has been gripped by the tragic death of a child who was vacationing with his parents at a popular theme park. Many Montana residents have traveled to the destination where the young boy lost his life in an incident that his parents neither anticipated nor were able to prevent. When tragedy strikes and a loved one's death rocks the lives of his surviving family members, those survivors may not know what to do in the wake of their loss.

When a person's parent, spouse, child, or other close relative dies in an accident, the surviving family member can seek compensation for the loss through a wrongful death lawsuit. Not every person related to a deceased individual may sue on the victim's behalf; Montana law stipulates which relations are eligible to file wrongful death litigation.

Wrongful death lawsuits are often based on negligence. Negligence can occur in a variety of different ways. For example, medical malpractice is a form of negligence. Also, when a party fails to meet an expected standard of care with regard to the maintenance of his property, that can be negligence. A person can exhibit negligence in the way he drives, in the way he keeps his home, or even in his failure to warn others of dangers that may be present on his property but not visible.

The attorneys of Edwards & Culver know how hard it is to cope with the loss of a loved one from a tragic and preventable accident. When individuals die due to the negligence or recklessness of others, those parties can be held accountable for their actions in the Montana civil court system. A wrongful death lawsuit cannot bring back a loved one who has perished, but it can provide surviving family members with the financial support they may need to continue their lives after an untimely passing.