Butte, MontanaButte Wrongful Death
Butte Wrongful Death Lawyers: Fatal Crashes, Mine and Industrial Deaths, and Negligence Claims for Butte-Silver Bow Families
Boland Aarab PLLP.
When a death in Butte was caused by someone else’s negligence, the estate’s personal representative can bring a wrongful death and survival claim, usually in the Second Judicial District Court in Butte. Montana gives families three years to file most claims. Claims against Butte-Silver Bow or the State have special notice rules and damage caps.
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.
How do wrongful death cases arise in Butte?
Every family’s loss is its own. The causes of fatal injuries around Butte, though, tend to follow the region’s roads and work.
- Fatal crashes on I-90 over Homestake Pass, on I-15 over Elk Park and south toward Dillon, on the shared interstate through town, and on two-lane routes like Montana Highway 2 over Pipestone Pass.
- Truck crashes, where a commercial carrier and its insurer must be investigated alongside the driver.
- Mine, rail and industrial deaths, where workers’ compensation, FELA for railroad workers, and third-party claims each have their own rules.
- Medical negligence, including delayed diagnosis or transfer, which follows the malpractice rules and the Medical Legal Panel process.
- Deaths in custody or in care, in a jail, a nursing home or another institution, which can involve civil-rights claims as well as state-law claims.
What happens after a wrongful death in Butte?
The first weeks after a death are overwhelming. These are the steps that matter for a legal claim, and a lawyer can take most of them off your hands.
1. The investigation reports. For an interstate crash, the Montana Highway Patrol’s report is requested by mail (Montana DOJ). For incidents in town, the Butte-Silver Bow Law Enforcement Department investigates. A mine death is investigated by MSHA, and other workplace deaths may be investigated by OSHA. Autopsy and death records may also be important.
2. Preserve the evidence. Vehicles, trucks, equipment and scene evidence can be released, repaired or destroyed quickly. A preservation demand goes out as soon as we are involved.
3. Open the estate. Montana wrongful death claims are brought by the personal representative of the estate (§ 27-1-513, MCA). For a Butte resident, the estate is generally opened in the Second Judicial District Court, which handles probate for Silver Bow County, through the Clerk of District Court at the Silver Bow County Courthouse, 155 West Granite Street. We help families with that step.
4. Decide where to file. A wrongful death lawsuit for a death in Silver Bow County is usually filed in the Second Judicial District Court (§ 3-5-101(2), MCA). If the defendant is an out-of-state trucking company, manufacturer or operator, it may be removed to the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse, 400 North Main Street (mtd.uscourts.gov). Civil-rights claims, such as for a death in custody, are often filed in federal court.
5. Watch the government deadlines. If Butte-Silver Bow, the State or another public entity may be responsible, written notice rules apply, and Montana caps the damages a government can be made to pay (§§ 2-9-301, 2-9-108, MCA).
Montana law that applies
In brief. Our Montana wrongful death lawyer page explains who can recover and what damages are available.
- The survival claim (the losses the person suffered before death) and the wrongful death claim (the family’s losses) must be combined in one lawsuit, and each element of damages may be recovered only once (§ 27-1-501(2), MCA).
- Families have 3 years to file most wrongful death claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
- Medical malpractice deaths follow shorter malpractice deadlines and the Medical Legal Panel process (§ 27-2-205, MCA).
- Railroad worker deaths are brought under FELA, which has its own 3-year limit (45 U.S.C. § 56).
Why hire a Great Falls firm for a Butte case?
Wrongful death cases deserve lawyers who will prepare them for trial and who will be there for the family through every step. We are based in Great Falls, handle cases throughout Montana, and our attorneys come to Butte to meet with families, often at home, and for depositions, hearings and trial. We handle the estate and court steps with you, so you can focus on your family.
We do not have a Butte office, and our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- Experience with death cases against government: we obtained a $550,000 civil-rights and wrongful-death settlement for the family of a man who died in county custody (Estate of Alexander v. Cascade County).
- Trial experience: more than 4,000 hours in the courtroom and more than a dozen jury trials.
- Federal court experience: more than 40 District of Montana cases over nine years, and two Ninth Circuit arguments by Samir Aarab.
- Families work with the lawyers directly, Caitlin Boland Aarab and Samir Aarab.
We also handle truck accident cases in Butte and medical malpractice cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Who can file a wrongful death claim for a death in Butte? The personal representative of the estate brings the claim on behalf of the family and the estate. If no estate has been opened, it can be opened in the Second Judicial District Court in Butte.
Where would our case be heard? Usually in the Second Judicial District Court in Uptown Butte. Cases against out-of-state companies, and civil-rights claims, are often in the federal Butte Division, which is also in Butte.
What if Butte-Silver Bow or the State was responsible? Written notice rules apply, and Montana caps the damages a government can be made to pay. Talk with a lawyer early so no deadline is missed.
My husband died in a mine or industrial accident near Butte. Is workers’ comp the only option? Workers’ comp death benefits usually apply against the employer, but the family may also have a wrongful death claim against a third party, such as a contractor, equipment maker or site owner.
How long does our family have to file? Generally three years for most wrongful death claims in Montana. Malpractice deaths and government claims have shorter or special rules.
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.
