Attorneys reviewing Montana wrongful death cases
On this page
- Key Montana rules
- Can our family bring a claim after a fatal accident in Montana?
- What losses can a Montana wrongful death claim recover?
- What kinds of fatal accidents lead to claims in Montana?
- How does fault affect a Montana wrongful death case?
- Does a criminal case affect our family's civil claim?
- What should a grieving family do first?
- Common wrongful death cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Montana rules for wrongful death claims
- Wrongful death filing deadline
- 3 years
- Fault rule
- Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).
Can our family bring a claim after a fatal accident in Montana?
Yes. Montana allows a wrongful death claim when a person dies because of someone else's wrongful act or carelessness. The claim is generally brought through the personal representative of the estate or by the heirs, and it compensates the family for losses caused by the death.
Montana also allows a separate survival claim. That claim belongs to the estate and recovers what the person who died could have claimed if they had lived, such as medical bills, lost earnings before death and the pain they suffered. The two claims are often filed together, and both generally must be filed within three years.
What losses can a Montana wrongful death claim recover?
The family can seek compensation for the financial and personal loss of their loved one. The amounts depend on the person's life, work and relationships.
Damages in Montana death cases may include:
- Lost financial support the person would have provided.
- The value of household services, care and guidance.
- Loss of companionship, comfort and society.
- The grief and emotional harm the family suffers.
- Funeral and burial costs.
- Through the survival claim, medical bills, lost earnings before death, and pain and suffering the person experienced.
When a death results from a medical error, Montana's cap on noneconomic damages in malpractice cases may limit part of the recovery. Economic losses are not limited by that cap. Our Montana medical malpractice page explains the panel process that applies to those cases.
What kinds of fatal accidents lead to claims in Montana?
Most Montana wrongful death claims come from highway crashes, work accidents and medical errors. The rural nature of the state often makes these incidents more deadly, because emergency help may be far away.
Common examples include:
- Head-on crashes on two-lane highways such as US-2, US-93 and US-212.
- Semi and logging truck collisions on I-90, I-94 and mountain passes.
- Oilfield, mining and construction accidents.
- Drownings and boating accidents on lakes and rivers.
- Delayed diagnosis or failure to transfer a patient to a larger hospital.
When a work accident causes a death, workers' compensation death benefits may be available, and those benefits usually prevent a lawsuit against the employer. A separate wrongful death claim may still exist against a contractor, equipment maker or another driver.
How does fault affect a Montana wrongful death case?
The same 51% rule applies. If the person who died was partly at fault, the family's award is reduced by that percentage, and the family recovers nothing if that share exceeds 50%.
Here is an example. A father is killed when a delivery van runs a red light in Missoula. The family's total damages are $1,000,000. The van company argues the father was speeding slightly. If a jury assigns him 10% of the fault, the family receives $900,000. If the jury finds him 51% at fault, the family receives nothing. Because the person who died cannot tell their side, physical evidence and witnesses become especially important.
Does a criminal case affect our family's civil claim?
They are separate cases. Prosecutors may charge a drunk or reckless driver with a crime, but that case is about punishment. The family's civil case is about compensation.
A criminal conviction can help a civil case, and evidence gathered by police may be useful. But the family does not need to wait for the criminal case to finish, and a civil claim can succeed even if no charges are filed or the defendant is acquitted. The civil case uses a lower standard of proof. Watch the deadline closely, because a long criminal case does not stop the civil clock.
What should a grieving family do first?
Focus on each other, and let our team handle the legal steps. There are a few things worth doing early to protect the claim.
- Keep any letters from insurers, and avoid recorded statements.
- Gather the death certificate, police report and medical records.
- Hold on to pay records, tax returns and bills that show the person's income and contributions.
- Ask the court about opening an estate if a personal representative is needed.
- Talk with our team about who should bring the claim and how to protect the deadline.
Our wrongful death practice page explains these claims in more detail, and our Montana injury law overview covers statewide rules. If a truck was involved, see our truck accident page.
Attorneys reviewing Montana wrongful death cases
Frequently Asked Questions
Who receives the money from a Montana wrongful death settlement?
Wrongful death damages are generally meant for the family members who suffered the loss, such as a spouse, children or parents. Survival claim proceeds belong to the estate and pass under the will or Montana's inheritance rules, which may also allow creditors to be paid. How the money is divided can be complicated, so our team explains it before any settlement.
Can we file a claim if our loved one died weeks after the accident?
Yes. A death does not have to happen at the scene. If injuries from a crash, fall or medical error led to the death later, the family may still bring a wrongful death claim. The survival claim may also include the medical costs and suffering in the time between the injury and the death. Medical records will be central.
What if our loved one was killed on a Montana reservation or federal land?
Location can change which court hears the case and which rules apply. Crashes on reservation roads may involve tribal court jurisdiction, and deaths on federal land or involving federal employees may fall under the Federal Tort Claims Act. These questions affect deadlines, so raise them with our team at the start.
Is a Montana wrongful death settlement taxable?
Compensation for physical injury or death is often not taxed as income, but some parts, such as interest or certain punitive awards, can be treated differently. Tax rules depend on the details, so families should talk with a tax professional. Our team can coordinate with your advisor as a settlement is structured.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
