Bozeman, MontanaBozeman Wrongful Death
Bozeman Wrongful Death Lawyers: Help for Families After a Fatal Crash, Workplace Death or Medical Error in Gallatin County
Boland Aarab PLLP.
When someone dies because of another’s negligence in Bozeman, Montana law allows a wrongful death claim and a survival claim, brought together by the personal representative of the estate. The personal representative is usually appointed through the Eighteenth Judicial District Court in Bozeman. Families generally have three years to file, with shorter notice rules for claims against government.
We are sorry for your loss. When you are ready to talk, we are here. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What happens after a wrongful death in Bozeman?
Families face official processes before they ever think about a lawsuit. Here is how they usually unfold in Gallatin County:
The coroner. In Gallatin County, the Sheriff serves as Coroner, and deputy coroners investigate unattended, accidental and sudden deaths (Gallatin County Coroner). The coroner’s findings, and any autopsy, are often important evidence. Families can contact the Coroner’s Office at (406) 582-2178 with questions.
The investigating agency. A fatal crash is investigated by the Montana Highway Patrol on I-90 and the highways, the Gallatin County Sheriff on county roads, or Bozeman Police in the city. Fatal crash investigations can take months, and a criminal case, if there is one, runs separately. Reports from Bozeman Police and the Sheriff are kept by Gallatin County Support Services/Records at 1709 West College Street (Gallatin County). A workplace death is reported to OSHA, and aviation deaths are investigated by the NTSB.
The personal representative. A wrongful death claim must be brought by the personal representative of the estate (§ 27-1-513, MCA). If there is no will naming one, or no estate has been opened, a family member typically petitions the district court. For a Gallatin County resident, that is the Eighteenth Judicial District Court; the Clerk of District Court is in Room 1041 of the Gallatin County Law and Justice Center, 515 South 16th Avenue (Montana Courts). We help families take this step early so the claim is not delayed.
The lawsuit. A wrongful death case over a Gallatin County death is filed in the same court (§ 3-5-101, MCA). An out-of-state defendant may remove it to the federal court’s Butte Division (D. Mont. L.R. 1.2). Many families who lose someone here live elsewhere, since so many visitors travel through the valley; the case can usually still be brought in Montana.
What causes wrongful deaths in the Gallatin Valley?
- Highway crashes. U.S. 191 through Gallatin Canyon, with its narrow lanes, heavy summer and ski traffic, trucks and wildlife, and I-90 over Bozeman Pass in winter, are the corridors where fatal crashes concentrate. The state is planning safety improvements on U.S. 191 near Big Sky (Daily Montanan, Jan. 2026).
- Pedestrians and cyclists struck on busy Bozeman arterials.
- Construction and industrial accidents that come with rapid building.
- Aviation and helicopter crashes in the mountains and around Bozeman Yellowstone International Airport.
- Medical errors, including missed diagnoses and delayed transfers.
- Nursing home neglect that leads to a fatal fall, infection or pressure injury.
- Recreation deaths where an operator, guide or equipment maker failed in a duty of care.
Montana law that applies
Our Montana wrongful death lawyer page explains the claims in depth:
- Two claims, one lawsuit. The survival claim (the person’s own losses before death) and the wrongful death claim (the family’s losses) must be combined, and each element of damages is recovered only once (§ 27-1-501(2), MCA).
- Three years to file most wrongful death claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
- Government defendants. Claims against the State, Gallatin County or the City of Bozeman require written notice, and damages are capped at $750,000 per claim and $1.5 million per occurrence (§§ 2-9-301, 2-9-108, MCA).
- Medical deaths follow the malpractice rules, including the Medical Legal Panel and a shorter deadline (§ 27-2-205, MCA).
Why hire a Great Falls firm for a Bozeman case?
A wrongful death case deserves lawyers who will prepare it for trial and who will treat the family with patience. We are based in Great Falls and handle wrongful death cases statewide. Our attorneys travel to Bozeman to meet with families, often at home, and for depositions, hearings and trial. We have no Bozeman office, and we will never rush a grieving family.
The Boland Aarab Way
- Wrongful-death experience. Our firm resolved Estate of Alexander v. Cascade County, a civil-rights and wrongful-death case, for $550,000.
- Government-defendant experience. A $115,000 net jury verdict for municipal negligence in Jack v. City of White Sulphur Springs.
- Trial and appellate lawyers. More than 4,000 hours in the courtroom, and an appellate record that reaches back to 1977.
- Federal court. More than 40 cases in Montana’s U.S. District Court; two Ninth Circuit arguments by Samir Aarab.
We also handle truck accident cases in Bozeman and medical malpractice cases in Bozeman. See our Bozeman personal injury page.
Frequently Asked Questions
Who can bring a wrongful death claim for a death in Bozeman? The personal representative of the estate. If no one has been appointed, a family member can petition the Eighteenth Judicial District Court in Bozeman, or the court where the person lived.
How do I get the coroner’s report in Gallatin County? The Gallatin County Coroner’s Office, part of the Sheriff-Coroner, handles death investigations. Families can call (406) 582-2178. We can request records on the family’s behalf.
Our loved one was visiting from another state and died in a crash in Gallatin Canyon. Can we sue in Montana? Usually, yes. A case over a death that happened in Gallatin County can generally be filed in Bozeman, or in the federal court’s Butte Division.
What if a road or intersection design contributed? A claim against the State, county or city may be possible, but it requires written notice before suit and is subject to damage caps. Those notice requirements should be addressed early.
How long does a Montana family have to file a wrongful death case? Generally three years, 10 years for a homicide, and shorter for deaths caused by medical negligence.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
