What Types of Damages Can Be Recovered?
Navigating life after the wrongful death of a loved one can be challenging. One does not often know what to do or where to start. It is likely that they are bombarded with many emotions as they see the bills piling up. A wrongful death suit allows surviving loved ones to hold negligent parties accountable and recover compensation for their damages.
Common wrongful death damages include:
- Loss of income
- Loss of parental guidance
- Loss of companionship
- Funeral expenses
- Medical bills and other similar losses
Additionally, a loved one could seek punitive damages. This occurs when serious or malicious wrongdoings caused the death of the decedent. These damages are used to further punish the liable party.
It is difficult to accept that a loved one was lost in a fatal accident, and it is clear that no amount of money will bring them back; however, it is important to understand that surviving loved ones have rights. A wrongful death suit is a real opportunity to not only hold a negligent party accountable but also offset the financial losses caused by the loss of a loved one. Give us a call today for professional legal help from our Billings wrongful death lawyers.
Who Can File A Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit is generally reserved for specific individuals closely related to the deceased person.
The state's laws dictate that the following parties may be eligible to bring forth such a claim:
- Surviving Spouse: In Montana, the deceased person's surviving spouse normally has the first opportunity to file a wrongful death lawsuit.
- Survivor Children: The deceased's children, including adoptive children, have the right to sue for wrongful death.
- Parents of Deceased Minors: The parents of a deceased minor may bring a wrongful death case.
- Personal Representative of the Estate: The estate may file a wrongful death claim through the personal representative of the deceased if the deceased had no living parents, children, or spouse.
These parties may pursue a wrongful death claim to seek compensation for the losses they have endured due to the death of their loved one. It's essential to consult with legal professionals experienced in Montana's wrongful death laws to determine eligibility and navigate the legal process effectively.
To find out more about our approach to client service in fatal accident and negligence cases, contact us at (406) 215-4735 for a free consultation about your legal options.
Commonly Asked Questions
What Is Wrongful Death?
A death that results from the carelessness or deliberate conduct of another individual or organization is referred to as a wrongful death. It's a legal phrase for a circumstance in which someone could have lived longer had it not been for the deeds or inactions of another party.
What Is the Statute of Limitations for Wrongful Death Claims in Montana?
In Montana, the statute of limitations for filing a wrongful death claim is generally three years from the date of the person's death. However, there may be exceptions to this rule depending on the specific circumstances of the case. It is important to consult with an experienced wrongful death attorney to understand the applicable deadlines in your case.
How Do I Prove Negligence in a Wrongful Death Case?
In most wrongful death cases, the burden of proof to establish negligence is to demonstrate that the defendant had a duty of care to the deceased, that duty was broken, the death was the result of the breach, and the surviving family members suffered losses as a result of the death. Evidence such as expert opinions witness statements, and incident documentation can be used to prove this.
Can I File a Wrongful Death Claim if My Loved One Died in a Car Accident?
If someone else's carelessness or deliberate conduct resulted in your loved one's death in an automobile accident, you may be able to file a wrongful death claim. Wrongful death lawsuits frequently stem from auto accidents, and the surviving family members may be able to pursue damages for their losses.
Do I Need an Attorney for a Wrongful Death Claim?
While you might be able to manage a wrongful death lawsuit by yourself, consulting a knowledgeable wrongful death lawyer is strongly advised. Having experienced legal counsel can help guarantee that your rights are upheld and that you are fairly compensated for your losses in these complicated cases of wrongful death.
Wrongful Death Cases Involving Children
Some accidents may include bystanders and children. For example, the victims of vehicle accidents may include the driver, passenger, as well as people who may have been walking or children who were playing on the side of the road. They are casualties due to other people's negligence. In particular, children tend to become victims because it is almost impossible for them to defend themselves against vehicles. In many cases, parents and other family members take the legal route to ensure that the person responsible for such a wrongful death is punished.
What Amount of Compensation Should Be Paid?
Filing such a lawsuit brings up the question of damages and how much should be paid. While compensation does not lessen the family's pain and suffering, it is a mechanism aimed at minimizing any financial stress that the family may experience. However, in the case of children, this becomes a complicated issue since children generally do not contribute to their family's income.
Compared to adults, the financial contribution of the child varies depending on age. In certain states, wrongful death claims may even be filed on behalf of an unborn child. In other cases, a live birth is a requirement to consider such an action. Again, the case of a 10-year-old is vastly different from that of a much older teenager because the teenager is more likely to contribute financially and at a sooner time.
Thus, although juries may sometimes reference such guides as work-life expectancy tables, it is unlikely that parents may receive any significant amount in damages for the wrongful death of their child. There may be extraordinary circumstances or cases where an exception is made, but for the most part, the less plausible financial impact makes jury members hesitant to decide in that direction.
If Your child is Involved in a Wrongful Death Call Us
At Edwards & Culver, our attorneys have more than 100 years of experience in personal injury. We've won more than half a billion in verdicts and settlements for our clients and we are devoted to fighting for you and your family. We have seen a multitude of wrongful death cases during our time and we know how difficult to is for families to cope after the loss of a loved one, especially a child during an accident. Let our seasoned wrongful death lawyers in Billings help -- we are ready to listen to your story and answer your questions during a consultation and we are prepared to fight for you. Do not hesitate to reach out today.
Contact Edwards & Culver online or call (406) 215-4735 for a consultation.
What Sets Edwards & Culver Apart?
- Over 100 Years of Legal Experience
- More than $150 Million Recovered in the Last Decade
- Award-Winning and Nationally Recognized Legal Team
- We Offer Free Initial Case Evaluations and Work on a Contingency Fee Basis
If you don't seek legal advice in time to allow for the effective investigation and presentation of wrongful death claims in negligence cases, you might lose important rights. Our skilled attorneys will help you assess the matter. By conducting an investigation, collecting evidence, and obtaining expert testimony, our goal is to meet your needs the most effective way possible.
Contact Experienced Legal Counsel Today!
Contact our office in Billings to learn how our attorneys work with families to protect their rights and future security while standing by as a resource for all the questions and needs that might develop in the aftermath of an accidental death. We offer free consultations, and we bring a 30-year tradition of client service to bear on behalf of Montana families.
