Losing a loved one is an incredibly difficult experience. On top of the emotional pain, families often face sudden financial stress from medical bills, funeral costs and the loss of income.
When someone else’s negligence caused the incident, a wrongful death claim can help the family recover these losses. Unfortunately, Montana law is very specific about who can start this legal process and who can receive the benefits.
Can you file a wrongful death claim?
Many people assume that a spouse or a parent can simply walk into a courthouse and file a wrongful death lawsuit. In Montana, however, the personal representative can file this claim.
This person is in charge of settling the deceased person’s affairs. They are usually named in the person’s will. If there is no will, the court will appoint someone to take on this role.
Even though the personal representative files the paperwork, the compensation will go to the family members who have suffered a loss. The beneficiaries are the spouse, children and parents. Compensation covers financial payment for the loss of companionship and mental anguish and grief.
In certain situations, siblings might be able to claim compensation. However, this is usually only allowed if they were financially dependent on the deceased person or if there are no other immediate family members.
Get the compensation you deserve after a wrongful death
A successful claim helps cover these immediate expenses and provides financial support to replace the wages the loved one would have earned in the future. In Montana, you only have three years from the date of death to file this claim, so it is important to begin the process promptly to ensure the right to compensation is not lost.
