Kalispell, MontanaKalispell Wrongful Death
Kalispell Wrongful Death Lawyers: Justice for Flathead Valley Families After Fatal Crashes, Workplace Deaths and Negligence
Boland Aarab PLLP.
When someone dies because of another’s negligence in the Flathead Valley, Montana allows a wrongful death claim and a survival claim, brought together in one lawsuit by the estate’s personal representative. Most claims must be filed within three years. In Flathead County, both the estate appointment and the lawsuit usually run through the Eleventh Judicial District Court in Kalispell.
If you lost a family member in a crash, a workplace accident or through someone’s negligence in the Flathead Valley, we are sorry. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What happens after a death in Flathead County?
The first weeks bring an official process families rarely expect.
The coroner. In Flathead County, the coroner function is part of the Flathead County Sheriff’s Office. The county lists two coroners, based at the Justice Center on South Main Street. They investigate unattended, accidental and suspicious deaths, determine the cause and manner of death, and may order an autopsy. The coroner’s findings, the autopsy report and the death certificate become key records in any claim.
The investigating agency.
- Fatal highway crashes are usually investigated by the Montana Highway Patrol, whose District VI is headquartered in Kalispell. These often include a detailed reconstruction.
- Deaths inside Kalispell are investigated by the Kalispell Police Department.
- Workplace deaths are reported to federal OSHA, which may open its own investigation.
- Deaths in Glacier National Park involve the National Park Service.
We request each agency’s file and, where needed, conduct an independent investigation before evidence is lost.
Opening the estate. Only the personal representative of the estate can bring the wrongful death and survival claims (§ 27-1-513, MCA). For someone who lived in Flathead County, the estate is usually opened in the Eleventh Judicial District Court, which handles probate along with civil cases, at the Flathead County Justice Center, 920 South Main Street, Kalispell. Montana law sets the order of priority for who can serve (§ 72-3-502, MCA). The personal representative acts on behalf of the whole family.
The lawsuit. The civil case is filed in the same district court, or in the federal Missoula Division when the defendant is from out of state. Trucking companies, national businesses and manufacturers often remove cases there.
How do fatal accidents happen in the Flathead Valley?
Each family’s loss is its own. The causes we see most often in northwest Montana are:
- Two-lane highway crashes on US-2, US-93 north toward Eureka, and MT-35 along the lake, including head-on collisions and crashes with commercial trucks.
- Crashes involving visitors unfamiliar with mountain roads or winter driving during the summer and holiday seasons.
- Workplace deaths in logging, mills, construction and utility work.
- Deaths caused by defective products, such as vehicles, machinery, heaters and recreational equipment.
- Medical negligence, which follows the separate malpractice rules and deadlines.
- Deaths in custody or at the hands of public employees, where civil-rights claims under 42 U.S.C. § 1983 may apply.
Montana law that applies
A brief summary; see our Montana wrongful death lawyer page for the full picture.
- One lawsuit, two claims. The survival claim (the decedent’s own losses) and the wrongful death claim (the family’s losses) must be combined, and each item of damages is recovered only once (§ 27-1-501(2), MCA).
- Deadline: 3 years for most claims, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
- Government defendants: claims against the State, Flathead County or the City of Kalispell have notice rules and damage caps (§§ 2-9-301, 2-9-108, MCA).
- Punitive damages may be available for actual malice or actual fraud (§ 27-1-221, MCA).
- Shared fault can reduce recovery (§ 27-1-702, MCA).
Why hire a Great Falls firm for a Kalispell case?
We are based in Great Falls and represent families in wrongful death cases across Montana. We come to Kalispell to meet with families, and our attorneys travel there for depositions, hearings and trial, and to Missoula when a case is in federal court. We can also coordinate with the attorney handling the estate, or help the family get the estate opened.
The Boland Aarab Way
- We have held a public entity accountable for a death. We resolved a civil-rights and wrongful-death case for $550,000 in Estate of Alexander v. Cascade County.
- We are trial lawyers. Our attorneys have spent more than 4,000 hours in the courtroom and have tried more than a dozen jury trials in Cascade, Phillips, Meagher and Yellowstone Counties.
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years, and two Ninth Circuit arguments by Samir Aarab.
- We are part of the trial bar. AAJ and MTLA members. Samir Aarab is also a member of Public Justice.
We also handle truck accident cases in Kalispell and medical malpractice cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Flathead County? The personal representative of the estate, who acts for the family. The estate is usually opened in the Eleventh Judicial District Court in Kalispell.
How do we get the coroner’s and autopsy reports? In Flathead County the coroner is part of the Sheriff’s Office. Families, or their attorney, can request the reports and the death certificate. We handle those requests.
Our loved one died in a crash in Glacier National Park. Does that change anything? It can. If a federal employee or federal road condition played a role, a written federal claim must be presented within 2 years. Claims against private drivers follow Montana law.
How long do we have to file a wrongful death claim in Montana? Generally 3 years, or 10 years for a homicide. Claims against government entities have earlier notice requirements.
What if the at-fault company is based outside Montana? The case can still be filed in Flathead County, but the company may remove it to federal court in Missoula. Montana law on damages still applies.
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.
