Key points
- A wrongful death claim covers the family's losses; a survival claim covers the person's own losses before death.
- Claims are usually brought by the estate's personal representative.
- Most claims must be filed within three years.
Two kinds of claims
Montana law generally allows two related claims after a death caused by someone else's wrongful act or negligence. A wrongful death claim compensates the family for its own losses. A survival claim belongs to the person's estate and covers losses the person suffered before death. Both are usually brought by the personal representative of the estate.
What we handle
- Opening the estate and having a personal representative appointed when needed.
- Investigating the death and preserving evidence.
- Dealing with all insurers so the family does not have to.
- Coordinating any settlement with the estate and, when required, court approval.
Deadlines
Wrongful death and survival claims are subject to filing deadlines, generally three years in Montana, and claims involving government entities have additional steps. Call when your family is ready; we will move at a pace that respects you.
Frequently asked questions
Who can bring a wrongful death claim in Montana?
The claim is generally brought by the personal representative of the estate on behalf of the heirs. If no estate has been opened, we can help with that first step.
Is there a charge to talk about our situation?
No. The consultation is free, and we can meet by phone, by video, or in person by appointment.