When someone dies because of another person’s actions, Montana law may allow more than one type of legal claim: wrongful death claims and survival claims. While they sound similar, they serve different purposes and benefit different people. Understanding the difference can help you see how each claim fits into the larger picture after a loss.
How do wrongful death claims work?
A wrongful death claim focuses on how a death affects surviving family members. Under Montana’s wrongful death statutes, the claim is pursued for the benefit of the heirs, such as a spouse or children. The goal centers on the losses you experience because your loved one is no longer there.
A wrongful death claim may address the following:
- Loss of financial support your loved one may have provided
- Loss of companionship, care or guidance
This type of claim looks forward. It considers how death changes your family’s life and future.
What does a survival claim cover?
In contrast, a survival claim looks backward. Montana’s survival statutes allow the estate to pursue claims your loved one could have brought if they had lived. Instead of focusing on your losses, this claim focuses on what your loved one experienced before death.
A survival claim may involve:
- Pain or discomfort your loved one experienced before passing
- Medical bills tied to the final injury or illness
Any recovery becomes part of the estate and passes to heirs according to the will or state intestacy laws.
Why may both claims apply?
In many situations, both types of claims arise from the same incident. A wrongful death claim addresses how you and other heirs suffer after the loss, while a survival claim addresses what your loved one went through before death.
The state allows for both wrongful death and survival claims to be filed simultaneously. In those situations, the law generally requires you to bring the claims together in one legal action. The personal representative of the estate usually files this combined lawsuit.
Seeing the full legal picture
A tragic loss due to another person’s negligence can bring questions or leave you wondering about how to seek justice. Learning the differences between wrongful death and survival claims and exploring how they might work together can help you understand the legal options after a tragic loss.
