Billings, MontanaBillings Wrongful Death
Billings Wrongful Death Lawyers: Fatal Crashes, Workplace Deaths and Survival Actions in Yellowstone County
Boland Aarab PLLP.
If someone you love died in Billings or Yellowstone County because of someone else’s carelessness, Montana law lets the estate’s personal representative bring a wrongful death claim for the family and a survival claim for the person who died. Both are filed together, usually within 3 years. In Billings, the process often starts with the coroner and the probate court.
Lost a family member in a crash or another preventable death? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What happens after a death in Billings, before any lawsuit?
Families are usually dealing with offices they have never heard of, at the worst time of their lives. In Yellowstone County, the path usually looks like this.
The coroner and the medical examiner. Unexpected and accidental deaths in Yellowstone County are investigated by the county coroner, who works through the Yellowstone County Sheriff’s Office. When an autopsy is needed, it is often performed by the Montana Medical Examiner Office, part of the Montana Department of Justice’s Forensic Science Division, which has a location at its Eastern Forensic Science Division facility in Billings as well as at the State Crime Lab in Missoula (Montana DOJ). The autopsy report, toxicology and the death certificate often become key evidence. Families can ask how to request them.
The investigating agency. A fatal crash inside Billings is usually investigated by the Billings Police Department; outside the city, by the Yellowstone County Sheriff’s Office; on I-90, I-94 and state highways, often by the Montana Highway Patrol. Serious crashes may involve a full reconstruction. Request the report, the photographs and the reconstruction when they are complete.
Opening the estate. A wrongful death claim in Montana is brought by the personal representative of the estate (§ 27-1-513, MCA). For a person who lived in Yellowstone County, the estate is usually opened in the Thirteenth Judicial District Court, whose Clerk of District Court handles probate filings at the Yellowstone County Courthouse. If the person left a will naming a representative, that person generally has priority; if not, Montana law sets the order (§ 72-3-502, MCA). Opening the estate is often one of the first legal steps, and we help families do it.
Preserving the evidence. The vehicles, their event data recorders, a truck’s logs and dash-camera video, a machine at a job site, or a facility’s records can all be lost. A written preservation demand should go out as soon as possible, even while the family is making funeral arrangements.
Where is a Billings wrongful death case heard?
The lawsuit itself, when filed in state court for a death in Yellowstone County, is heard in the Thirteenth Judicial District Court at the Yellowstone County Courthouse, 217 North 27th Street, an eight-judge district that serves only Yellowstone County (§ 3-5-101, MCA; Yellowstone County). A case against an out-of-state trucking company, manufacturer or employer may be moved to the Billings Division of the U.S. District Court, at the James F. Battin Federal Courthouse, 2601 2nd Avenue North (District of Montana). Civil-rights claims for deaths involving government actors are also often heard there.
When a government entity is involved, such as the City of Billings, Yellowstone County or the Montana Department of Transportation for a dangerous road, the claim must be presented in writing first, and Montana caps government liability at $750,000 per claim and $1.5 million per occurrence (§§ 2-9-301, 2-9-108, MCA).
What kinds of fatal accidents do we handle in Billings?
Fatal crashes on I-90, I-94 and the city’s arterials; truck crashes involving refinery, distribution and freight traffic; motorcycle, bicycle and pedestrian deaths; workplace deaths at construction sites, plants and rail yards, where a third party may be responsible; medical negligence; nursing home neglect; and deaths in custody or involving government. See our Billings pages on truck accidents and car accidents.
Montana law that applies
- Two claims, one lawsuit: the wrongful death claim (the family’s losses) and the survival action (the decedent’s own losses) must be combined, and each element of damages may be recovered only once (§ 27-1-501, MCA).
- Damages can include lost support and services, companionship, grief and sorrow, medical and funeral expenses, and the person’s pain before death. Punitive damages may be available for actual malice (§ 27-1-221, MCA), but not against government (§ 2-9-105, MCA).
- Comparative fault of the person who died reduces the recovery and bars it only if greater than the defendants’ combined (§ 27-1-702, MCA).
- Deadline: 3 years for most wrongful death claims, 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
Our Montana wrongful death page covers who may bring the claim, insurance sources and government claims in more depth.
Why hire a Great Falls firm for a Billings case?
We are based in Great Falls and handle wrongful death cases statewide. A death case needs lawyers who will investigate it fully, value it honestly and try it if the defense will not pay what the family’s loss is worth. Our attorneys travel to Billings to meet with families, often in their homes, and for depositions, hearings and trial. Our firm has tried jury trials in Yellowstone County. We do not have a Billings office.
The Boland Aarab Way
- We stand with families. We obtained a $550,000 settlement for the estate in a civil-rights and wrongful-death case (Estate of Alexander v. Cascade County).
- We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and more than 4,000 hours in the courtroom.
- We know federal court. 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 protect verdicts. Our appellate record reaches back to 1977.
Related Billings pages: truck accidents · nursing home abuse · all Billings personal injury cases
Frequently Asked Questions
Who investigates an accidental death in Yellowstone County? The county coroner, working through the Sheriff’s Office, together with the law enforcement agency that responded. Autopsies are often performed by the Montana Medical Examiner Office, which has a Billings location.
Do we need to open an estate in Billings to bring a wrongful death claim? Usually yes. The claim is brought by the personal representative (§ 27-1-513, MCA), and for a Yellowstone County resident the estate is usually opened in the Thirteenth Judicial District Court.
The crash was on a state highway outside Billings. Who has the report? Often the Montana Highway Patrol. Inside Billings, the Billings Police Department; elsewhere in the county, the Yellowstone County Sheriff’s Office.
Can we sue the City of Billings or Yellowstone County for a death? Sometimes. The claim must first be presented in writing (§ 2-9-301, MCA), and government liability is capped at $750,000 per claim (§ 2-9-108, MCA).
How long does our family have to file? Generally 3 years, or 10 years for a death resulting from a homicide (§ 27-2-204(2), MCA). Government and malpractice claims have different rules, so ask early.
Talk to a Billings Wrongful Death Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
