When Negligence Takes a Life: Montana Wrongful Death Law
Losing a loved one is devastating under any circumstances. When that loss is caused by another person’s negligence, recklessness, or intentional misconduct, Montana law provides a legal remedy through wrongful death claims. At Cannon Breck Law in Columbia Falls, we help families throughout the Flathead Valley and across Montana seek the justice and compensation they deserve during the most difficult time of their lives.
What Qualifies as Wrongful Death in Montana?
Under Montana Code Annotated § 27-1-513, a wrongful death occurs when a person dies as a result of the wrongful act or negligence of another. This broad definition covers a wide range of circumstances that Montana families may face:
- Motor vehicle accidents — including car crashes on Highway 93, truck accidents on Montana’s rural highways, and motorcycle collisions
- Medical malpractice — when a healthcare provider’s negligence leads to a patient’s death
- Workplace accidents — particularly common in Montana’s logging, mining, and construction industries
- Defective products — when a dangerous product causes a fatal injury
- Premises liability — fatal slip and fall accidents or unsafe property conditions
Who Can File a Wrongful Death Claim in Montana?
Montana’s wrongful death statute specifies that the personal representative of the deceased person’s estate files the claim on behalf of the heirs. The heirs who may benefit from a wrongful death claim typically include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased (if no spouse or children exist)
If no personal representative has been appointed, the court may appoint one specifically for the purpose of pursuing the wrongful death action.
Damages Available in Montana Wrongful Death Cases
Montana allows families to recover both economic and non-economic damages in wrongful death cases. These may include:
- Loss of financial support — the income and benefits the deceased would have provided to their family
- Loss of companionship and consortium — the emotional and relational loss suffered by the surviving family members
- Medical expenses — costs incurred for treatment of the fatal injury before death
- Funeral and burial costs — reasonable expenses associated with laying the deceased to rest
- Pain and suffering — the physical and emotional suffering the deceased experienced before passing
Montana’s Statute of Limitations for Wrongful Death
In Montana, you generally have three years from the date of death to file a wrongful death lawsuit. However, certain exceptions may apply depending on the circumstances of the case. It is critical to consult with a Montana wrongful death attorney as soon as possible to protect your family’s rights.
How Cannon Breck Law Can Help Your Family
At Cannon Breck Law, attorneys Chad Cannon and Ben Hammer understand the profound impact of losing a family member. We approach every wrongful death case with compassion, thorough investigation, and aggressive advocacy. Our Columbia Falls office serves families throughout Flathead County, Glacier County, Lincoln County, and all of northwestern Montana.
If your family has suffered a wrongful death in the Flathead Valley or anywhere in Montana, contact Cannon Breck Law today for a free, confidential consultation. We will fight to hold the responsible parties accountable and secure the compensation your family needs to move forward.
