Wrongful Death

When a death is caused by another party’s negligence, Montana law lets the family hold the responsible party accountable in court. Boland Aarab PLLP represents families in wrongful death cases across Montana. We secured one of the largest settlements the State of Montana has paid in a jail-suicide case. We try these cases, and the other side knows it.

A wrongful death claim does not bring anyone back. What it does is move the financial weight of the loss onto the party that caused it and force an accounting. That is work we know how to do.

When a family can bring a wrongful death claim in Montana

Under Montana Code Annotated § 27-1-513, a wrongful death claim exists when a person’s wrongful act, neglect, or intentional conduct causes an injury that leads to death. The personal representative of the decedent’s estate brings the claim in civil court on behalf of the family.

Montana gives the family three years from the date of death to file. There are limited exceptions, but once that deadline passes, the right to recover is gone. The sooner a lawyer begins gathering evidence and speaking with witnesses, the stronger the case.

What a wrongful death claim can recover

Once negligence is established, a Montana court may award the family compensation for:

  • Funeral and burial expenses
  • Medical bills from the injury that led to the death
  • The lost income, benefits, and earning capacity of the person who died
  • A surviving spouse’s loss of companionship
  • Surviving children’s loss of guidance and support
  • The family’s grief, mental anguish, and loss of consortium

Common causes of wrongful death

We handle wrongful death claims arising from vehicle collisions, commercial trucking crashes, medical malpractice, workplace accidents, defective products, premises hazards, and acts of violence. Whatever the cause, the work is the same: prove what happened, prove who is responsible, and prove what the loss is worth.

Speak with a Montana wrongful death lawyer

If your family has lost someone because of another party’s conduct, the attorneys at Boland Aarab can tell you where you stand. Call (406) 315-3737 or request a consultation. These claims carry a filing deadline, so it is worth knowing your position early.