Billings Wrongful Death Attorneys
Wrongful Death Claims in Montana
Every family responds to the loss of a loved one in its own way. In some
families, members can have widely differing responses. Many people also
find that their feelings and perspectives about the death change as they
go through their own adjustment process.
At
Edwards & Culver , we think it's important to let families move through the stages of a
hard transition at their own pace and in their own ways, but at the same
time, let
our team take on all the stress so you and your family can focus on recovering.
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Contact our wrongful death lawyers in Billings today at
(406) 215-4735 to schedule a free consultation.
Types of Wrongful Death Claims
A wrongful death suit might arise out of a number of circumstances. Our
job is to protect your legal interests and the value of your claims while
your family concentrates on taking care of each other. Because there are
several different types of wrongful death claims, contact our team of
expert Billings wrongful death attorneys for professional handling of
these types of cases.
At Edwards & Culver, our legal team has
handled all types of wrongful death litigation, including:
As well as representing clients throughout Montana in wrongful death litigation,
our lawyers also pursue claims on behalf of
families in other states who lost their loved one in a Montana accident.
What Types of Damages Can Be Recovered?
Navigating life after the wrongful death of a loved one can be challenging.
One does not often know what to do or where to start. It is likely that
they are bombarded with many emotions as they see the bills piling up.
A wrongful death suit allows surviving loved ones to hold negligent parties
accountable and recover compensation for their damages.
Common wrongful death damages include:
- Loss of income
- Loss of parental guidance
- Loss of companionship
- Funeral expenses
- Medical bills and other similar losses
Additionally, a loved one could seek punitive damages. This occurs when
serious or malicious wrongdoings caused the death of the decedent. These
damages are used to further punish the liable party.
It is difficult to accept that a loved one was lost in a fatal accident,
and it is clear that no amount of money will bring them back; however,
it is important to understand that surviving loved ones have rights. A
wrongful death suit is a real opportunity to not only hold a negligent
party accountable but also offset the financial losses caused by the loss
of a loved one. Give us a call today for professional legal help from
our Billings wrongful death lawyers.
Who Can File A Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit is generally reserved for specific
individuals closely related to the deceased person.
The state's laws dictate that the following parties may be eligible to
bring forth such a claim:
-
Surviving Spouse: In Montana, the deceased person's surviving spouse normally has the first
opportunity to file a wrongful death lawsuit.
-
Survivor Children: The deceased's children, including adoptive children, have the right to
sue for wrongful death.
-
Parents of Deceased Minors: The parents of a deceased minor may bring a wrongful death case.
-
Personal Representative of the Estate: The estate may file a wrongful death claim through the personal representative
of the deceased if the deceased had no living parents, children, or spouse.
These parties may pursue a wrongful death claim to seek compensation for
the losses they have endured due to the death of their loved one. It's
essential to consult with legal professionals experienced in Montana's
wrongful death laws to determine eligibility and navigate the legal process
effectively.
To find out more about our approach to client service in fatal accident
and negligence cases,
contact us at
(406) 215-4735 for a free consultation about your legal options.
Commonly Asked Questions
What is wrongful death?
A death that results from the carelessness or deliberate conduct of another
individual or organization is referred to as a wrongful death. It's a
legal phrase for a circumstance in which someone could have lived longer
had it not been for the deeds or inactions of another party.
What is the statute of limitations for wrongful death claims in Montana?
In Montana, the statute of limitations for filing a wrongful death claim
is generally three years from the date of the person's death. However,
there may be exceptions to this rule depending on the specific circumstances
of the case. It is important to consult with an experienced wrongful death
attorney to understand the applicable deadlines in your case.
How do I prove negligence in a wrongful death case?
In most wrongful death cases, the burden of proof to establish negligence
is to demonstrate that the defendant had a duty of care to the deceased,
that duty was broken, the death was the result of the breach, and the
surviving family members suffered losses as a result of the death. Evidence
such as expert opinions witness statements, and incident documentation
can be used to prove this.
Can I file a wrongful death claim if my loved one died in a car accident?
If someone else's carelessness or deliberate conduct resulted in your loved
one's death in an automobile accident, you may be able to file a wrongful
death claim. Wrongful death lawsuits frequently stem from auto accidents,
and the surviving family members may be able to pursue damages for their losses.
Do I need an attorney for a wrongful death claim?
While you might be able to manage a wrongful death lawsuit by yourself,
consulting a knowledgeable wrongful death lawyer is strongly advised.
Having experienced legal counsel can help guarantee that your rights are
upheld and that you are fairly compensated for your losses in these complicated
cases of wrongful death.