Montana Wrongful Death Lawyer
Providing Compassionate Representation to Families in Need
If you lost a loved one in a tragic
work accident, we empathize with your loss. You need time to grieve in peace, but we
also understand that you may want to seek compensation from the party
responsible for your loved one's untimely passing.
If you choose to seek a settlement from the liable party or parties, Odegaard
Braukmann Law, PLLC is here to assist you. We are dedicated to keeping
our practice small so that we can deal with each case individually and
We never pass our cases off to paralegals, and instead personally handle
any wrongful death situation that comes our way.
How to File a Wrongful Death Claim in Montana
A wrongful death claim is similar to a
personal injury case; however, the injured party is no longer able to seek compensation
on his or her own behalf. Rather, the personal representative will of
the deceased will seek compensation on their behalf.
According to Montana law, “wrongful death” is described as
a situation in which “injuries to and the death of one person are
caused by a wrongful act or neglect of another.” In a wrongful death claim, the personal representative of the deceased
individual’s estate may bring a wrongful death case to court, seeking
damages from the party responsible for the death.
In other words, the interested private parties—such as the surviving
family members—must bring the claim to court themselves (often with
the assistance of an attorney). If the deceased individual is a child
under 18 years of age, the wrongful death claim may be filed by either
one of the child’s parents, or by both parents together.
According to state law,
a wrongful death claim must be filed within three years of the date of the deceased person’s death. If, however, the case
stems from a criminal homicide, the time limit is increased to ten years
for the filing of a civil claim for wrongful death.
Damages in a Wrongful Death Case
Damages stemming from a wrongful death case are meant to
compensate the estate or surviving family members for the loss they suffered due to the deceased person’s untimely demise. In Montana, damages
from a single wrongful death case may be either/both “economic”
or “noneconomic” in nature.
Economic damages need to be established with a concrete dollar amount, typically through
the evidence of bills, pay stubs, or receipts. These type of damages include
losses such as medical expenses prior to the deceased person’s death,
funeral and burial expenses, as well as the lost value of the earnings
and benefits the deceased individual, would likely have made during his
or her expected lifespan if the untimely death had not happened.
noneconomic damages are more difficult to quantify, but still, qualify as real losses suffered
by survivors in a wrongful death claim. They include losses like pain
and suffering, loss of care and companionship, and loss of consortium.
In Montana, the defendants in a wrongful death case may request a statement
which details the damages that the personal representative is seeking.
This statement needs to be made in writing and it must fulfill a variety
How Can an Attorney Help You?
Whether your loved one
died working in the oil fields,
working in construction,
driving a truck, or in a
car crash, we want to assist you in getting the assistance that you need. We can
also help you to seek financial compensation due to the emotional and
financial setbacks the death had on your personal life.
Contact Odegaard Braukmann Law, PLLC to Learn How We Can Help
Contact our firm if you want to learn more and would like to seek compensation
from the parties responsible for the loss of your loved one. Our lawyers
at Odegaard Braukmann Law, PLLC are compassionate, will listen to you,
and work closely with you throughout this journey for compensation.
Don't hesitate to talk with our Montana wrongful death attorney today
to learn more about personal injury litigation or about wrongful death