Montana Wrongful Death Attorney

Call Our Compassionate Wrongful Death Attorneys in Montana and Oregon

Have you lost a loved one because of someone else’s negligence or recklessness? You are not alone during this difficult time. Let our experienced personal injury attorneys at Bliven Law Firm, P.C. help you obtain full and fair compensation for your family. Our attorneys work hard to ensure the best possible outcomes for grieving families. 

We understand the emotional and financial burdens that come with losing a loved one unexpectedly. Our team is committed to offering compassionate support and strategic legal guidance tailored to your unique situation. We stand by you every step of the way, striving to relieve the stress that accompanies the legal processes involved in wrongful death claims. Our focus is on helping you secure the financial stability necessary to focus on healing and moving forward.

Call Bliven Law Firm, P.C. at (406) 625-0100 to schedule a free case evaluation with one of our Montana and Oregon wrongful death attorneys.

Overview: Wrongful Death 

The loss of a loved one is one of the most painful experiences in life. The pain of moving on without a loved one can feel overwhelming and uncertain. In a moment, a lifetime of dreams and plans are suddenly gone. During this time, bills and expenses may pile up, adding more uncertainty and stress to your life. When this occurs, it is important to know that you do not have to shoulder these burdens alone. An experienced and compassionate wrongful death attorney in Montana can help. We know that no amount of compensation could ever replace the loss of your loved one. However, you and your family should not have to struggle financially due to a person or entity’s negligence.

We understand the delicate nature of wrongful death cases and offer legal services that are both compassionate and thorough. Our attorneys are adept at handling complex legal processes, ensuring that every aspect of your claim is meticulously reviewed to maximize the possibility of a favorable outcome. We maintain regular communication with our clients, keeping them informed and involved in every stage of the legal journey. It's essential to have a legal team that not only fights for your financial rights but also respects your grief and provides steady support throughout the process.

At Bliven Law Firm, P.C., our wrongful death attorneys serve clients in Montana and Oregon and offer compassionate legal guidance during this difficult time. We can negotiate with insurance companies to help you obtain the compensation you deserve. This allows you to focus on your family and on rebuilding your life.

Common Causes of Wrongful Death in Montana

Sometimes, a person or company’s recklessness or carelessness leads to the death of another person. When this happens, surviving family members may be eligible to file a wrongful death claim to recover damages. These claims go through civil courts. As such, they are separate from any criminal court proceedings against the “at-fault” party.

Common causes of wrongful deaths often involve risks and hazards that could be mitigated through responsible actions. Awareness of these dangers and taking preventive steps can save lives. In raising awareness, we also empower communities to take proactive measures against negligence that could lead to tragic outcomes.

A wrongful death can occur in many ways. The most common causes of wrongful death in Montana include:

• Auto Collisions
• Drunk Driving Accidents
• Motorcycle Collisions
• Truck Accidents
• Bus Accidents
• Railroad Accidents
• Defective Products
• Slip and Fall
• Premises Liability Accidents
• Oil Field Accidents

Filing a Wrongful Death Lawsuit: Key Elements

In Montana, family members of the deceased can file a wrongful death claim. To succeed in your claim, your wrongful death lawyer must establish four critical elements:

• The defendant owed a duty of care to the decedent
• The defendant breached this duty of care
• The breach of duty caused the fatality
• Surviving family members suffered damages as a result of the fatality

However, it is not just about proving these elements; it is also about presenting them in a compelling and organized manner to the court. Our Montana wrongful death lawyers are skilled in building strong claims, starting with a thorough investigation to gather necessary evidence, consulting with experts when needed, and preparing persuasive arguments. The goal is to ensure that the client's story is told in a way that makes the impact of the loss fully understood and acknowledged in legal proceedings.

Our assistance extends beyond courtroom representation. We guide families through every legal requirement, keeping them informed and empowered to make decisions that align with their best interests. This personalized service is central to achieving resolutions that support surviving family members in their path to recovery.

Only certain surviving family members can file a lawsuit. Generally, those family members include spouses, children, and parents. In some cases, other family members may file a wrongful death lawsuit when there are no other surviving family members. An experienced wrongful death attorney can help you through this complex and trying process.

What Is The Time Limit For Filing a Wrongful Death Lawsuit in Montana?

In the state of Montana, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the victim's death. This means that the legal action must be initiated within this period for it to be considered valid in a court of law.

A delay in filing can jeopardize your ability to claim compensation because the statute of limitations is strictly enforced. It is crucial to take immediate action to preserve evidence and witness testimonies that may fade over time. Early engagement also allows ample time to craft a compelling legal strategy and gather comprehensive documentation required for strengthening your lawsuit.

However, there exists an exception to this rule. If the wrongful death was the result of a homicide, the time limit extends to ten years from the date of the death. This extension provides the deceased's representatives more time to pursue justice in such serious circumstances.

Bliven Law Firm, P.C. is ready to help you. Get in touch via online form or call (406) 625-0100. Your initial consultation is free of charge.

Can I Sue For Wrongful Death If There Was No Criminal Conviction?

In Montana, it is possible to file a wrongful death lawsuit even if there is no criminal conviction. Criminal cases and cases involving wrongful deaths are two different legal processes; the conclusion of one does not influence the other. A civil court, not a criminal court, hears wrongful death cases.

Legal proceedings in civil courts focus on compensating the family rather than punishing the defendant. The aim is to address the financial and emotional aftermath experienced by surviving family members due to the negligence that led to the wrongful death. This civil remedy provides an avenue to hold the responsible party accountable even if the criminal justice system does not.

In a wrongful death lawsuit, the burden of proof is not as high as in a criminal trial. Instead of needing to demonstrate "beyond a reasonable doubt," as in criminal cases, wrongful death suits necessitate only a "preponderance of evidence." This implies that it's more probable than not that the defendant's negligence resulted in the fatality. Consequently, even if an individual is acquitted in a related criminal proceeding, they can still be found liable in a civil lawsuit for wrongful death.
 

Community and Support Resources for Wrongful Death in Montana

Montana offers various community resources designed to support families dealing with the loss of a loved one due to wrongful death. From grief counseling services to legal advice lines, numerous organizations are dedicated to helping you navigate your emotional and legal challenges. These resources can be indispensable, providing networks of support that can offer peace of mind and practical assistance as you move forward.

Here are some local resources that may assist:

• Grief Counseling Centers: Facilities across Montana that provide professional mental health support to grieving families.
• Legal Aid Services: Organizations offering guidance on wrongful death and personal injury claims.
• Support Groups: Community groups that bring together individuals who have experienced similar losses for mutual emotional support.

A strong legal partnership is also critical in effectively navigating the aftermath of a wrongful death. At Bliven Law Firm, P.C., we believe in combining our legal efforts with these invaluable community resources. By doing so, we aim to offer a comprehensive support network that addresses all facets of your recovery journey.

Connect with an experienced wrongful death lawyer near you in Montana as soon as possible. Dial (406) 625-0100 or submit an online form.

Frequently Asked Questions on Wrongful Death in Montana

What Compensation Can Be Claimed in a Wrongful Death Action in Montana?

In Montana, a wrongful death claim can seek several types of compensation to cover both economic and non-economic losses. Economic damages often include medical and funeral expenses, lost wages, and loss of future income. Non-economic damages can cover loss of companionship, emotional distress, and loss of guidance for surviving family members.

Calculating these damages requires careful evaluation, often involving economists and other experts to establish the true financial impact of the loss. Bliven Law Firm, P.C. works diligently to ensure all possible elements of damages are considered so that your family can receive the compensation needed to begin healing and rebuilding your lives. We aim to present a comprehensive claim that fully represents the extent of your loss.

Can Siblings File a Wrongful Death Claim in Montana?

In Montana, the individuals entitled to file a wrongful death claim are typically immediate family members such as spouses, children, and sometimes parents. Siblings are generally not first in line but can potentially file a claim under specific conditions, particularly when there are no other eligible immediate family members.

A claim by a sibling requires showing the nature of the relationship and the level of dependency, both emotionally and financially, on the deceased. A wrongful death attorney in Montana from Bliven Law Firm, P.C. can guide you through these specifics, ensuring that every possible entitlement to justice is pursued diligently and thoroughly. Every familial situation is unique, necessitating personalized legal advice tailored to your circumstances.

Is There a Cap on Damages in Montana Wrongful Death Claims?

Currently, Montana law does not impose arbitrary caps on the damages you can recover in a wrongful death lawsuit. Economic damages are calculated based on the actual financial loss to the family, while non-economic damages also consider the profound emotional impact of the loss.

Without statutory limits, it is paramount to present a well-documented and justified claim to maximize potential compensation. Our wrongful death lawyers at Bliven Law Firm, P.C. are committed to crafting a strategy that fully encompasses all aspects of damages, ensuring the family receives equitable relief that acknowledges the full extent of their loss.

What Role Do Insurance Companies Play in Wrongful Death Actions?

Insurance companies often play a significant role in wrongful death claims, as many such claims hinge on the availability of policies that cover the negligent party. Understanding the interplay between different types of insurance and how they apply to your unique situation can be complex.

Insurance adjusters may seek to minimize the payout by leveraging complex policy wording and technicalities. As your Montana fatal accident attorneys, we work to counter these strategies, insisting on full policy benefits. Our experience with insurance negotiations equips us to effectively advocate on your behalf, ensuring that you are not shortchanged during this critical time.

Are Lawsuits Typically Settled Out of Court in Montana?

While many wrongful death lawsuits are often settled before reaching a court trial, the decision to settle depends on a variety of factors which include the willingness of the negligent party to compensate fairly, the strength of the presented evidence, and the preference of the affected family.

Out-of-court settlements usually involve negotiations that can save the family the time and emotional strain of a court trial. However, our team at Bliven Law Firm, P.C. is always prepared to take a claim to trial if the settlement offers do not adequately compensate the family. We focus on ensuring that whatever the course, it aligns with what delivers the best resolution for those we represent.

For experienced guidance, turn to a skilled Montana fatal accident attorney at Bliven Law Firm, P.C.. Contact us or call (406) 625-0100 to secure a free consultation.