Missoula, MontanaMissoula Wrongful Death
Missoula Wrongful Death Lawyers: Fatal Crashes, Workplace Deaths and Negligence Claims for Missoula County Families
Boland Aarab PLLP.
Losing someone to another’s carelessness is devastating, and the legal steps that follow can feel impossible to face. In Montana, a wrongful death claim is brought by the personal representative of the estate, usually appointed through the district court. For a death in Missoula County, that court is the Fourth Judicial District. Families generally have 3 years to file, but evidence and insurance questions should be handled much sooner.
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 generally have 3 years to file, and 10 years when the death resulted from a homicide (§ 27-2-204(2), MCA).
If your family lost someone in western Montana because of another’s negligence, we are here to help. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What happens after a wrongful death in Missoula County?
The death investigation. When a death is sudden, unexplained or caused by an accident, the county coroner investigates, working with law enforcement: the Missoula Police Department inside the city, and the Montana Highway Patrol for fatal crashes outside city limits. Missoula is also home to the Montana Department of Justice’s State Crime Lab, where the state Medical Examiner’s Office performs autopsies for county coroners across western Montana (Montana DOJ, Medical Examiner Office). The autopsy report, toxicology results and investigative reports are often central to a wrongful death case, and families can request them.
Appointing a personal representative. Before a wrongful death case can be filed, someone must have legal authority to act for the estate. In Missoula County, probate proceedings are handled by the Clerk of District Court and the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). If the person who died lived in another county, the estate may be opened there instead. We help families take this step, which is usually straightforward but must be done correctly.
Preserving the evidence. In a fatal crash, the vehicles, the scene, event-data recorders and any video must be preserved. In a truck crash, the carrier’s logs and electronic data can lawfully be discarded within months. In a workplace death, equipment and job-site conditions change quickly. We send preservation letters early and, where needed, bring in reconstruction and safety experts.
The lawsuit. A wrongful death case can be filed in the county where the death occurred or where a defendant lives. Filed in Missoula County, it goes to the Fourth Judicial District Court and is tried to a Missoula County jury. Cases against out-of-state companies, such as trucking carriers, manufacturers or national corporations, may be moved to the Missoula Division of the federal court, at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula).
What causes wrongful deaths around Missoula?
The fatal cases we see in western Montana often involve:
- Highway crashes on I-90, U.S. 93 north over Evaro Hill and south through the Bitterroot, U.S. 12 over Lolo Pass, and MT 200 up the Blackfoot, where high speeds, curves, wildlife and winter ice combine.
- Semi-truck and log-truck collisions on the region’s freight routes.
- Pedestrian and bicycle deaths in town, particularly on wide commercial corridors like Reserve and Brooks Streets and at night in winter.
- Workplace deaths in construction, timber, rail and utility work.
- Medical negligence, including missed diagnoses and failures in care, which have shorter deadlines and require review by the Montana Medical Legal Panel.
- Aviation accidents in the mountains around Missoula.
- Deaths in custody or institutional care, which can raise civil-rights claims.
Montana law that applies
- Two claims, one lawsuit. The wrongful death claim compensates the family for its losses; the survival claim recovers the losses of the person who died, such as medical bills, lost earnings and pain before death. They are brought together (§ 27-1-501, MCA).
- Deadlines: generally 3 years; 10 years for homicide (§ 27-2-204(2), MCA); shorter for malpractice.
- Government defendants: claims against the State, Missoula County or the City of Missoula have special notice rules and damage caps (§§ 2-9-301, 2-9-108, MCA).
For more on who may recover and what damages include, see our Montana wrongful death lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle wrongful death cases statewide. We come to the family: our attorneys travel to Missoula for meetings, depositions, hearings and trial, and we understand that families are often spread across several towns. We explain every step, including the probate step, in plain language.
The Boland Aarab Way
- We hold institutions accountable. We obtained a $550,000 civil-rights and wrongful-death settlement in Estate of Alexander v. Cascade County.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent 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. The Montana Supreme Court reinstated a $168,500 verdict we won in Voegel v. Salsbery, 2023 MT 137.
We also handle Missoula truck accident and Missoula medical malpractice cases, and other Missoula personal injury claims.
Frequently Asked Questions
Who can file a wrongful death lawsuit for a death in Missoula County? The personal representative of the estate. If one has not been appointed, a family member can ask the district court to appoint one, often in Missoula County.
How do we get the autopsy report? Autopsies for western Montana coroners are often performed at the state Medical Examiner’s Office in Missoula. Families can usually request the report through the county coroner.
Can we sue if our loved one died in a crash on I-90 with an out-of-state truck? Yes. The claim may be filed in Missoula County and could be moved to the federal court in Missoula. Evidence from the carrier must be preserved quickly.
Is there a deadline if the death was caused by a crime? Montana allows 10 years for a wrongful death claim when the death resulted from a homicide. The civil case is separate from any criminal prosecution.
Do we have to go to court in Missoula? If the case is filed there, hearings and trial happen at the Missoula County Courthouse or the federal courthouse on East Broadway. Many steps, and many settlements, happen without the family appearing in court.
Talk to a Missoula 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.
