Making Your Life Easier Following A Wrongful Death
The unexpected death of a loved one is always difficult. The loss of companionship, support and love is indescribably painful. Despite your own feelings, you are forced to arrange a funeral and handle the details of the estate your loved one left behind. Knowing that the loss resulted from another’s carelessness or recklessness only compounds those intense emotions.
The attorneys at Towe & Fitzpatrick, PLLC help families who are coping with the wrongful death of a loved one. With over 60 years of combined experience, our attorneys know what is required to handle your claim efficiently and effectively. Our goal is to make your life as easy as possible during this difficult time.
Damages Available In A Wrongful Death Case
Wrongful death claims seek financial compensation for the families of people whose deaths were caused by the negligence or carelessness of another. In Montana, a wrongful death gives rise to two claims, both of which are brought in one action by the personal representative of the estate:
- The wrongful death claim and any financial compensation derived from it belong to the heirs of the deceased. This includes claims for damages such as mental anguish and the loss of companionship and financial support that would have otherwise been provided by the deceased.
- The survivorship claim is brought on behalf of the deceased and belongs to the estate. Financial compensation derived from this claim, such as lost wages or medical bills incurred by the decedent before his or her death, is distributed to the heirs through the estate.
Allocating a settlement between the wrongful death and survival claims can be important and can impact whether creditors of the deceased can make a claim on the proceeds. The allocation may also be important for tax reasons.
When Is A Death Wrongful?
A death is considered wrongful when a person is killed as a result of another’s careless, reckless or intentional actions. While many wrongful death cases are brought alongside or after criminal charges, this is not a requirement. Wrongful death claims are civil matters, which stand independently from criminal cases.
A wrongful death claim can arise in a wide variety of circumstances, including:
- Car accidents
- Medical malpractice
- Dangerous products
- Hazardous property conditions
- Truck accidents
- Railroad accidents
- Motorcycle accidents
- Brain injury
- Spinal cord injury
- Worksite accidents
- Firearm accidents
- Liquor liability
- Explosions or fires
Contact Our Compassionate Attorneys For Your Free Consultation
All personal injury and wrongful death matters are handled on a contingency fee basis, which means that you pay us nothing unless we win your case.