Missoula Wrongful Death Lawyer

A wrongful death in Montana occurs when an individual or entity’s negligence or intentional actions cause the death of another person. The cases result from various circumstances, such as car crashes, medical malpractice, or criminal actions.

State laws allow the surviving family or a personal representative, also called the estate administrator, to file the claim in civil court and sue for monetary damages with help from a compassionate personal injury attorney. Call one of our experienced Missoula wrongful death lawyers for help with your case.

Examples of Wrongful Death Cases

Some examples of events leading to wrongful death cases include:

• Vehicle collisions caused by a negligent motorist
• A physician or other healthcare professional’s negligence or carelessness causes the patient to sustain fatal injuries, also called medical malpractice
• Defective products, including dangerous medication, that cause fatal accidents
• Motorcycle accidents, which occur because of another driver’s recklessness
• Fatalities from slips, trips, and falls, falls from heights, dog bites or attacks, and other premises liability accident claims
• Intentional criminal acts that occur when someone intentionally causes the death of someone else through violence

State laws protect residents by providing the legal process to obtain a settlement from the responsible party. According to the guidelines of the Montana Code Annotated § 27-1-513, wrongful deaths are any avoidable accidents in which a person sustains fatal injuries because of someone else’s negligent or wrongful acts.

Establishing Liability

To prove fault in a wrongful death suit and collect a settlement, the case must establish specific elements, including duty of care, breach of duty, causation, and damages. Duty of care, in legal terms, is the obligation of everyone to act responsibly and cautiously to avoid harming others. The case must show that any other reasonable person would have acted differently in the same situation to prove a breach or violation of duty.

Causation is a link between the defendant’s actions and the accident and fatal injuries. To recover damages, the case must show a family suffered injuries and financial losses because of the death of a loved one.

Establishing liability requires a thorough investigation and evidence review to build a convincing case against the defendant. A wrongful death attorney in Missoula could provide skilled legal advice and guidance.

What are the Recoverable Damages?

The basis of wrongful death cases is to make restitution with the family for the damages they suffer because of the defendant’s actions. After establishing liability successfully, the civil court may award damages, including:

• Medical expenses related to the cause of action
• Reasonable funeral and burial costs
• Lost income and financial support
• Loss of companionship, affection, and guidance
• Pain and suffering
• Emotional and psychological distress

During a consultation, a wrongful death lawyer in Missoula could answer specific questions about state laws, the civil court process, and the potential damages.

Schedule a Consultation with a Diligent Wrongful Death Attorney in Missoula

The sudden loss of someone you love because of the wrongful actions of another party is devastating. No amount of compensation can reverse what happened or prevent the pain associated with such a significant loss. However, seeking legal action against the liable party can cover your financial losses and allow you to hold the person or business responsible for their negligent actions.

One of our qualified Missoula wrongful death lawyers can help by taking on the legal work, handling the communication and negotiations, and fighting for a just outcome. Call today to learn more and schedule a meeting to review your case.