Every state in the country has what is known as a statute of limitations,
or a specified timeframe within which certain lawsuits must be filed.
If you miss out on this critical deadline, you will be forever barred
from seeking damages for the loss of your loved one. However, the statute
of limitations is not always black and white, so it is important to seek
the legal counsel of an experienced wrongful death attorney to ensure
you are not in danger of allowing your chance to file a lawsuit slip away.
What is a Wrongful Death?
Generally, a wrongful death is defined as a situation in which an individual
sustained fatal injuries or was killed as a result of another party’s
negligent or careless actions. A personal representative of the decedent’s
estate can file a wrongful death lawsuit to pursue both economic and non-economic
damages, which can compensate the estate or the surviving family members
for the loss they suffered.
Understanding the Statute of Limitations for a Wrongful Death in Montana
In Montana, the statute of limitations for filing a
wrongful death claim is three years, beginning on the date of your loved one’s
death. In cases where the death stemmed from a criminal homicide, the
time limit is increased to ten years for the filing of a civil claim.
If an eligible party does not file the wrongful death claim within this
specified timeframe, it is likely that the case will be thrown out of
court without being heard. Given that this is a family’s one chance
to recover damages for the untimely death of a loved one, it is vital
to take legal action as soon as possible.
Wrongful Death Attorneys in Montana
No amount of compensation can begin to make up for suffering the loss of
a loved one, but it is still important for surviving family members to
act quickly and hold the responsible party or parties accountable for
their loved one’s untimely death. At Odegaard Braukmann Law, PLLC,
our Montana attorneys will help you seek the financial compensation you
need that was caused by the emotional and financial setbacks of your loved
Get started on your case and call our office today at
(406) 640-4441 to schedule a free initial case evaluation.