Great Falls Wrongful Death Lawyer | Montana Fatal Crashes

Practice areaWrongful Death

Great Falls & Montana Wrongful Death Lawyers: Fatal Car Accidents, Fatal Truck Crashes and Survival Actions

Boland Aarab PLLP.

As Great Falls wrongful death lawyers, we start from a simple fact: no lawsuit can bring back someone you love. What the law can do is hold the people responsible to account, and give the family the means to carry on. Montana law does that through two claims that travel together — a wrongful death claim for the family’s losses and a survival action for the losses of the person who died. Both have rules and deadlines, and the evidence that proves them starts to disappear right away.

Key Takeaways
A wrongful death claim is brought by the personal representative of the estate (§ 27-1-513, MCA).
The survival claim and the wrongful death claim must be combined in one lawsuit, and each element of damages may be recovered only once (§ 27-1-501(2), MCA).
Montana gives families 3 years to file most wrongful death claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
Claims against the State, a county or a city have special notice rules and damage caps (§§ 2-9-301, 2-9-108, MCA).

On this page: Wrongful death claims · Survival actions · Who can bring the claim · Types of cases · Damages · First steps · Who pays · Fatal truck crashes · Government claims · Fault · Deadlines · Why Boland Aarab · FAQ

Lost a family member in a crash or another preventable death? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What is a wrongful death claim in Montana?

A wrongful death claim is a lawsuit for a death caused by someone else’s wrongful act or neglect. Montana law allows the personal representative of the decedent’s estate to sue the person who caused the death, and also that person’s employer when the employer is responsible for the person’s conduct (§ 27-1-513, MCA).

The wrongful death claim compensates the family for what they have lost: the person’s support and services, companionship and guidance, and the grief of losing them.

What is a survival action?

A survival action is the claim the person who died would have had if they had lived. Montana law says a cause of action does not end when a person dies. It survives and may be brought by the person’s representatives or successors (§ 27-1-501(1), MCA).

The survival action compensates the estate for the decedent’s own losses, such as medical bills, lost earnings and the pain the person suffered before death.

Montana requires the two claims to be brought together: “Actions brought under 27-1-513 and this section must be combined in one legal action,” and any element of damages may be recovered only once (§ 27-1-501(2), MCA).

	Wrongful death claim	Survival action
Whose losses	The family’s	The person who died
Statute	§ 27-1-513, MCA	§ 27-1-501, MCA
Brought by	The personal representative	The personal representative or successors
Typical damages	Loss of support, services, companionship and consortium; grief and sorrow	Medical and related expenses, lost earnings, pain and suffering before death
Filed	Together, in one lawsuit	Together, in one lawsuit

Who can bring a wrongful death claim in Montana?

The personal representative. The claim is brought by the personal representative of the estate (§ 27-1-513, MCA). If the person left a will naming one, that person generally has priority. Otherwise, Montana’s probate code sets an order of priority that begins with a surviving spouse who is a devisee, the custodial parent of a minor who died, other devisees, and the surviving spouse, followed by other heirs (§ 72-3-502, MCA). Opening the estate is often one of the first legal steps in a death case, and we help families do it.

Parents of a child. Montana law also allows either parent to sue for injury to a minor child caused by another’s wrongful act or neglect (§ 27-1-512, MCA). In a case arising from a crash on U.S. Highway 87, the Montana Supreme Court held that parents can recover for their sorrow, mental distress and grief in a wrongful death action over the death of their minor child brought under that section (Dawson v. Hill & Hill Truck Lines, 206 Mont. 325, 671 P.2d 589 (1983)).

The family decides together. Although one person brings the case, the recovery for the family’s losses is for the benefit of the family members who suffered them. We talk with the whole family early, so everyone understands how the case works.

What kinds of fatal accidents do we handle?

We represent families after deaths caused by:

Fatal car accidents: rear-end, head-on, T-bone and rollover crashes, and crashes caused by drunk, distracted or speeding drivers. See our car accident page.
Fatal truck crashes: collisions with 18-wheelers, semis, logging trucks, grain haulers and other commercial vehicles. See our truck accident page.
Motorcycle, bicycle and pedestrian deaths. See our motorcycle accident and bicycle accident pages.
Workplace deaths, including claims against third parties other than the employer. See our workplace injury page.
Medical negligence. See our medical malpractice page.
Deaths involving government, including dangerous roads and public property, and civil-rights claims against counties and cities.

What damages can a family recover?

Montana juries decide what a family has lost. The categories usually include:

For the family (wrongful death):

The financial support the person would have provided,
The household services, care and guidance the person would have given,
Loss of companionship, society and consortium,
Grief, sorrow and mental anguish (Dawson).

For the estate (survival action):

Medical expenses from the injury to death,
Funeral and burial expenses,
Lost earnings, and the earning capacity the person lost,
The pain, suffering and fear the person experienced before death.

Punitive damages. Where a defendant acted with actual malice or actual fraud, a jury may award punitive damages. Actual malice means the defendant knew of, or intentionally disregarded, facts creating a high probability of injury and deliberately went ahead anyway. It must be proved by clear and convincing evidence (§ 27-1-221, MCA). Punitive awards are capped at $10 million or 3% of the defendant’s net worth, whichever is less (§ 27-1-220, MCA). Punitive damages are not available against the State or other governmental entities (§ 2-9-105, MCA).

Because each element may be recovered only once (§ 27-1-501(2)), how the losses are divided between the two claims matters. We build both with economists and other experts where the case calls for it, so the full loss is presented without overlap.

What should a family do after a fatal crash?

Take care of your family first. There is time to make legal decisions, but not unlimited time.
Request the crash report from the Montana Highway Patrol, sheriff or police department that responded.
Keep everything: the vehicle, the person’s phone, photos, medical and funeral bills, and pay stubs or tax returns.
Do not let the vehicle be scrapped or sold. In a serious crash, it is evidence. So is the other vehicle.
Be careful with insurance adjusters. You do not have to give the other side’s insurer a recorded statement, and you should not sign a release without advice.
Watch what is posted online about the crash and the family.
Talk to a lawyer early, so preservation letters go out and the estate can be opened.

Who pays in a Montana wrongful death case?

Usually insurance. The sources can include:

The at-fault driver’s liability insurer. Montana’s minimum is only $25,000 for one person’s injury or death, and $50,000 per accident (§ 61-6-103, MCA).
An employer, when the driver was working, and the employer’s commercial policy (§ 27-1-513 expressly reaches a responsible employer).
A motor carrier’s commercial coverage in a truck crash. Interstate for-hire carriers must carry at least $750,000 for general freight, and more for hazardous materials (49 C.F.R. § 387.9).
Uninsured and underinsured motorist coverage on the decedent’s own policy, and sometimes on household policies. Montana auto policies must include uninsured motorist coverage unless the named insured rejected it (§ 33-23-201, MCA). Whether several coverages can be stacked depends on the policies and premiums (§ 33-23-203, MCA; Hardy v. Progressive Specialty Ins. Co., 2003 MT 85).
Other responsible businesses, such as a vehicle or parts manufacturer or a bar that overserved a drunk driver, depending on the facts.

Montana’s claim-handling law requires insurers to try in good faith to settle promptly once liability is reasonably clear (§ 33-18-201(6), MCA). In a death case, insurers often make a fast offer to the family before anyone has looked at the other coverage available. Finding every policy is part of our work.

What is different about a fatal truck crash?

A fatal truck crash involves a company, not just a driver, and federal safety rules. It also involves evidence that can lawfully be discarded quickly. A carrier must keep a driver’s hours-of-service records for only 6 months (49 C.F.R. § 395.8(k)). After any fatal crash, the truck driver must be tested for alcohol and drugs, with alcohol testing within 8 hours and drug testing within 32 hours (49 C.F.R. § 382.303). A written preservation demand to the carrier should go out as soon as possible. Our truck accident page explains how we investigate.

What if a government entity is responsible?

A death can involve a government entity — a dangerous road, a public vehicle, or a death in custody. These claims have their own rules:

Notice first. A claim against the State must be presented in writing to the Department of Administration before suit. The department has 120 days to decide, and the statute of limitations is tolled for 120 days after it receives the claim. Claims against a county, city or other political subdivision are presented to its clerk or secretary (§ 2-9-301, MCA).
Damage caps. Montana government entities are not liable for more than $750,000 per claim and $1.5 million per occurrence (§ 2-9-108, MCA).
No punitive damages against governmental entities (§ 2-9-105, MCA).
Federal civil-rights claims. When a death results from a violation of constitutional rights by people acting for a government, a federal claim may also be available (42 U.S.C. § 1983). These cases are often heard in federal court.

Does the fault of the person who died matter?

Yes. Montana’s modified comparative fault rule applies in death cases. The family can recover if the decedent’s fault was not greater than the combined fault of those being sued, and the damages are reduced by the decedent’s percentage of fault (§ 27-1-702, MCA).

Defendants in death cases often blame the person who cannot answer. Reconstruction, vehicle data and witnesses are how we answer for them. Where more than one defendant is responsible, Montana apportions fault among them, and a defendant more than 50% at fault is jointly and severally liable (§§ 27-1-703, 27-1-705, MCA).

How long does a family have to file?

3 years for most wrongful death claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
3 years for most survival claims based on personal injury (§ 27-2-204(1), MCA).
Government claims require presentation first (§ 2-9-301, MCA).
Medical negligence and some other claims have different deadlines. Ask early.
The evidence deadlines are shorter than any of these.

Where do fatal crashes happen around Great Falls and Montana?

Many of the fatal crashes we see happen far from a hospital, on roads built for speed:

I-15, north toward Shelby and Sweetgrass and south through Wolf Creek Canyon to Helena.
U.S. 87 and U.S. 89, two-lane highways where a pass across the centerline can be fatal.
10th Avenue South and other busy Great Falls corridors with heavy turning traffic.
I-90, I-94 and U.S. 2, the long east-west routes across the state.

Winter adds black ice, blowing snow and whiteouts. Weather does not excuse a driver or a carrier who ignored it.

The Boland Aarab Way

We are trial lawyers, and we build every serious case as if it will be tried and then appealed. A death case deserves nothing less. That is the work behind our case results and our record in the Montana Supreme Court and the Ninth Circuit:

We hold government to account. We secured one of the largest settlements the State of Montana has paid in a jail-suicide case. We obtained a $550,000 settlement of civil-rights and wrongful-death claims against Cascade County (Estate of Alexander v. Cascade County). We also won a $115,000 net jury verdict for municipal negligence against a Montana town (Jack v. City of White Sulphur Springs).
We protect verdicts. When a jury’s $168,500 verdict for a woman rear-ended by a pickup in Malta was thrown out, we took it to the Montana Supreme Court and won its reinstatement (Voegel v. Salsbery, 2023 MT 137).
We know federal court. Civil-rights and out-of-state defendant cases are often heard there. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
We stay active in the trial bar. Our attorneys are members of the American Association for Justice and the Montana Trial Lawyers Association. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board. Samir Aarab is also a member of Public Justice.
You work with the lawyers. The attorneys who brief and argue before Montana’s highest court are the attorneys who work with your family from the first call.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle wrongful death cases?

We are based at 18 6th Street North, Suite 200, in Great Falls, and represent families across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell, and the Hi-Line and rural Montana.

Wrongful death cases across Montana

We are based in Great Falls and handle wrongful death cases statewide. Local information for each city:

Frequently Asked Questions

Who can file a wrongful death lawsuit in Montana? The personal representative of the decedent’s estate (§ 27-1-513, MCA). If no one has been appointed, a family member can ask the court to appoint one, following the priority order in § 72-3-502, MCA.

What is the difference between a wrongful death claim and a survival action? The wrongful death claim covers the family’s losses. The survival action covers the losses of the person who died, such as medical bills and pain before death (§ 27-1-501, MCA). Montana requires both to be brought in one lawsuit.

How long do we have to file a wrongful death claim in Montana? Generally 3 years, or 10 years if the death resulted from a homicide (§ 27-2-204(2), MCA). Claims against government entities must first be presented under § 2-9-301, MCA.

What damages are available in a Montana wrongful death case? Loss of financial support and services, loss of companionship and consortium, and grief and sorrow for the family; medical and funeral expenses, lost earnings and pre-death pain and suffering for the estate. Punitive damages may be available where a defendant acted with actual malice (§§ 27-1-220, 27-1-221, MCA).

Can we bring a claim if our loved one was partly at fault? Yes, if the decedent’s fault was not greater than the combined fault of those being sued. The recovery is reduced by the decedent’s percentage of fault (§ 27-1-702, MCA).

What if the crash involved a semi truck? A fatal truck crash usually involves a motor carrier with commercial insurance and federal safety rules. Some key records can be discarded after 6 months, so a preservation demand should go out early.

Can we sue the State, a county or a city? Yes, but the claim must first be presented in writing (§ 2-9-301, MCA). Damages are capped at $750,000 per claim and $1.5 million per occurrence (§ 2-9-108, MCA), and punitive damages are not available (§ 2-9-105, MCA).

What if the driver who caused the death had little or no insurance? The decedent’s own uninsured or underinsured motorist coverage, household policies and other responsible parties may provide more. We identify every policy that may apply.

Talk to a Great Falls Wrongful Death Lawyer