Find Justice for Your Loved One We Will Guide You Through the Wrongful Death Claim Process

Montana Wrongful Death Lawyer

Choose A Top-Rated Billings Attorney To Handle Your Wrongful Death Case

If you lost a loved one in a tragic car, truck, or 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 Miller 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 personally.

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 substitute the deceased party to seek compensation for the injuries leading to death.

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.

By contrast, 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 of requirements.

Contact Odegaard Miller Law, PLLC to Learn How We Can Help

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 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 Miller 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 wrongful death attorneys in Billings today to learn more about wrongful death compensation!

In Our Clients' Own Words

  • “He kept me informed on my case every step of the way and was upfront and honest through the whole process.”

    C. Davis

  • “I couldn't be happier with Paul's representation of me.”

    K. Fredericks

  • “I could not have done it without them.”

    K. Gee

  • “I couldn't have asked for a better attorney!”

    S. DeVries

  • “I can't tell you how much Paul Odegaard changed my life. I couldn't ask for anything better.”

    D. Keil

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