Losing a family member after a car accident brings unimaginable heartbreak. The grief feels heavier when your loved one passes away days or weeks after the accident—after you’ve thought they’re past the danger.
Generally, you can file a wrongful death claim against a driver who caused the accident. However, what happens in such cases where the death is delayed? Will the timing of the death affect your right to seek justice against the at-fault driver?
Immediate death is not required
Your right to pursue a wrongful death claim doesn’t depend on when your loved one passed away. Montana law recognizes that accident injuries can lead to death hours, days or even months later.
What matters most lies in proving the direct link between the accident and your loved one’s death. Strong evidence you can offer to support your claim includes:
- Medical records
- Expert testimony
- Police investigation reports
- Witness statements
- Photos and videos of the accident
Building a solid foundation of evidence helps establish the connection between the driver’s actions and your loved one’s death. You can take some time to grieve and collect evidence.
Take note of the statute of limitation, though. In Montana, you generally have three years from the date of death to file a wrongful death claim.
Who can file a wrongful death claim?
Most states give the right the right to file wrongful death claims to the immediate family members. However, the Big Sky Country does things a little differently.
In Montana, the right to file a wrongful death claim primarily goes to the personal representative or executor of your loved one’s estate. If your loved one doesn’t have an executor, that’s only when surviving immediate family members can take on the role.
Seek legal guidance to help ensure justice
Filing a wrongful death claim is a daunting task. Consulting with an experienced attorney can make the task easier. They may even help you identify other parties liable for the death. While no amount of money makes up for your loss, holding negligent parties accountable can offer peace of mind and help prevent similar tragedies.
