In Montana, surviving family members have legal tools available to seek compensation and justice. Understanding how wrongful death claims work helps you navigate a painful situation with clarity.
Who can sue for wrongful death?
Under Montana law, the personal representative of the deceased’s estate must file the wrongful death lawsuit. This representative often appears in the deceased’s will or is appointed during probate by the probate judge. This representative can file on behalf of the surviving family, including children, parents and the spouse, as outlined in Montana Code, Section 27-1-513.
Who typically cannot sue?
Family members like siblings, grandparents or cousins usually cannot sue unless they are the estate’s appointed representative or fall under a narrow exception. Montana courts limit claims to avoid conflicting interests and duplicate lawsuits.
Who might be held responsible?
Wrongful death lawsuits target those legally responsible for causing the death. That might include negligent drivers, including distracted or intoxicated drivers, after a fatal car accident. It could involve an employer, if the driver was on the job. It could also be a manufacturer, if a vehicle defect contributed to the fatal car crash. The focus is on proving fault and connecting it to the fatal injuries, which is vital in a wrongful death action.
Types of damages awarded
Wrongful death damages are designed to support surviving loved ones and address real losses. Compensation may include medical bills before death and funeral expenses after death, but that is not the only damages. Damages can also include the lost income and benefits the lost family member would have earned for the family. It can also include the pain and suffering of survivors. Remember, Montana law permits both economic and non-economic damages.
Why it matters
Beyond compensation, these lawsuits help families find closure and demand accountability. They can bring in a sense of justice, even when the criminal justice system is not involved. They can also raise awareness about dangerous driving, employer practices and even vehicle defects.
