Helena, MontanaHelena Wrongful Death
Helena Wrongful Death Lawyers: Fatal Crashes, Fatal Workplace Accidents and Medical Negligence Deaths in Lewis and Clark County
Boland Aarab PLLP.
When negligence causes a death in the Helena area, Montana lets the estate’s personal representative bring the wrongful death and survival claims together. For a Helena family, the estate is usually opened in the First Judicial District Court in Helena, and the damages case is often filed there too. Most claims must be filed within 3 years.
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 (§ 27-1-501(2), MCA).
- Families have 3 years for most claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
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 does a Helena wrongful death case begin?
In Montana, a family does not file a wrongful death case in its own name. The claim belongs to the personal representative of the person who died, who brings it for the benefit of the heirs and the estate. So the first practical step is often in probate court.
Opening the estate. For someone who lived in Lewis and Clark County, the estate is generally opened in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway. The court appoints a personal representative, following the priority order set by statute: first the person named in a will, then a surviving spouse who inherits under the will, and so on (§ 72-3-502, MCA). If a family member is already serving, we work with them. If no one has been appointed, we help the family through that step.
What the investigating agencies do. A fatal crash on I-15, US-12 or US-287 is usually investigated by the Montana Highway Patrol. Deaths inside Helena involve the Helena Police Department, and those in the county the Lewis and Clark County Sheriff’s Office. The county coroner determines the cause and manner of death. A workplace death may bring OSHA, and a railroad death the railroad’s own investigation and federal regulators. Those reports are important, but none of them is the family’s case. Evidence the agencies don’t collect, and the records companies keep for only a short time, must be preserved separately.
Where the case is heard. The wrongful death and survival case is generally filed in the First Judicial District Court in Helena, or where the death occurred or a defendant lives (§ 25-2-122, MCA). Cases against out-of-state trucking companies, manufacturers and other corporations often go to the U.S. District Court’s Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street (D. Mont. L.R. 1.2).
What special situations arise in Helena death cases?
- Deaths involving the State of Montana. Helena is the seat of state government. When a state vehicle, a state facility or state road maintenance was involved, the claim must first be presented in writing to the Department of Administration (§ 2-9-301, MCA), and damages against government entities are capped (§ 2-9-108, MCA). The same notice rules apply to claims against Lewis and Clark County and the City of Helena.
- Deaths after care at the Fort Harrison VA. A death caused by VA medical care follows the Federal Tort Claims Act, with a 2-year deadline to present the claim to the agency (28 U.S.C. § 2401(b)), not the Montana Medical Legal Panel.
- Deaths after care at St. Peter’s or another private provider. Medical negligence deaths generally follow Montana’s 2-year malpractice deadline and go to the Medical Legal Panel, whose office is in Helena, before suit (§ 27-2-205, MCA).
- Railroad deaths. A railroad worker’s death on the line through Helena is a FELA claim for the spouse and children, under federal law. See our Helena railroad and FELA lawyer page.
- Families spread across the country. Many Helena families include adult children who live elsewhere. The personal representative coordinates for all of them, and we keep everyone informed.
Montana law that applies
Briefly: the personal representative brings the claims (§ 27-1-513, MCA). The survival and wrongful death claims are combined, and each element of damages is recovered once (§ 27-1-501, MCA). Recovery is allowed if the decedent’s fault was not greater than the defendants’ combined (§ 27-1-702, MCA). The deadline is 3 years for most claims, or 10 years for a homicide. Shorter periods apply to malpractice and to claims against the United States. Our Montana wrongful death lawyer page explains who benefits and what damages are available.
Why hire a Great Falls firm for a Helena case?
A family grieving a death deserves lawyers who will do the work thoroughly and who are ready to take the case to a jury. Being down the street matters less. We are based in Great Falls and handle wrongful death cases throughout Montana. We come to Helena to meet the family, and our attorneys travel for depositions, hearings and trial. We never claim an office we don’t have. We simply show up where the case needs us.
The Boland Aarab Way
- We have held government accountable in a death case. We resolved Estate of Alexander v. Cascade County, a civil-rights and wrongful-death case, for $550,000 (case summary).
- We try cases against government. We won a $115,000 net jury verdict for municipal negligence (Jack v. City of White Sulphur Springs).
- 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 put in the time. Our attorneys have spent more than 4,000 hours in the courtroom.
We also handle truck accidents in Helena, medical malpractice in Helena and other Helena personal injury cases.
Frequently Asked Questions
Who can file a wrongful death case for a Helena family? The personal representative of the estate (§ 27-1-513, MCA), usually appointed by the First Judicial District Court in Helena for a Lewis and Clark County resident. We can help the family through that step.
The death involved a state vehicle. Can we still bring a claim? Yes, but it must first be presented in writing to the Department of Administration, and government damages are capped (§§ 2-9-301, 2-9-108, MCA).
My father died after treatment at the Fort Harrison VA. What deadline applies? A written claim must generally be presented to the VA within 2 years under the Federal Tort Claims Act (28 U.S.C. § 2401(b)). The Montana Medical Legal Panel does not apply.
Do we have to wait for the coroner’s or Highway Patrol’s report? No. Those reports can take time, and the evidence the family needs should be preserved now. We can begin while the official investigations continue.
How long does a Montana family have to file? Generally 3 years, or 10 years when the death resulted from a homicide (§ 27-2-204, MCA). Medical malpractice and claims against the United States have shorter deadlines.
Talk to a Helena Wrongful Death Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-1-513, MCA · § 27-1-501, MCA · § 27-2-204, MCA · § 27-2-205, MCA · § 72-3-502, MCA · § 25-2-122, MCA · § 27-1-702, MCA · § 2-9-301, MCA · § 2-9-108, MCA · 28 U.S.C. § 2401 · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
