How to Pursue a Wrongful Death Lawsuit Following a Fatal Car Crash
Losing a loved one in a car crash is an emotional and distressing experience. Apart from grief, families often face financial burdens and important decisions about legal options. Filing a wrongful death lawsuit can provide compensation for losses caused by the fatal accident. However, it's essential to know how this process works and what steps you should take to protect your family’s interests.
At Gerstner Adam Law, we assist families facing fatal car crashes that claimed the life of their loved one with filing wrongful death claims. Our goal is to help you make informed decisions while protecting your rights. Contact our firm today to schedule a consultation and learn the steps to take when filing a wrongful death claim in Montana.
Wrongful Death Claims in Montana
Wrongful death claims are filed when someone dies because of another person’s negligence or wrongful actions. In Montana, these claims often relate to fatal car crashes caused by careless or reckless driving. The law allows certain family members or the personal representative of the deceased’s estate to seek damages for losses related to the death.
Montana requires that a personal representative file the wrongful death claim. If no one is appointed, the court may assign someone to act on behalf of the family and estate. This person manages the claim and handles negotiations with insurers or opposing parties. Under Montana law, you typically have three years from the date of death to file the lawsuit. Missing this deadline usually prevents the claim from moving forward.
Who Can File a Wrongful Death Lawsuit?
Montana law limits who may bring wrongful death lawsuits to protect those most directly affected by the death. Eligible claimants generally include:
The deceased’s spouse or registered domestic partner
Children or other descendants
Parents of the deceased
Dependents who relied financially on the deceased
If no qualifying family member exists or the estate needs representation, the court may appoint a personal representative to pursue the claim. Each claimant’s relationship with the deceased influences the types of damages they can pursue. Knowing who can file helps organize claims and makes sure that the right parties act on behalf of the family.
How to File a Wrongful Death Claim
Once a personal representative is appointed and evidence is gathered, the wrongful death lawsuit can be filed in Montana courts. The claim must clearly state the basis for liability and outline the damages sought.
The filing process begins with drafting a complaint that identifies the defendant or defendants, details the accident and wrongful conduct, and explains the injuries leading to death. This document lays the foundation for the case.
After filing, the defendant or defendants must be served with notice of the lawsuit in accordance with Montana rules. Proper service assures the defendants are informed and able to respond.
Filing the wrongful death lawsuit formally initiates the legal process and establishes deadlines for subsequent actions, including discovery and settlement discussions. This initiates the path toward resolving the claim either through negotiation or trial.
Potential Compensation for Wrongful Death Cases
Wrongful death claims allow survivors to seek compensation for several categories of damages related to the loss. These damages reflect the financial and emotional harm caused by the death. Some common damages include:
Economic damages: These cover measurable financial losses such as medical expenses incurred before death, funeral and burial costs, lost income or benefits the deceased would have provided, and loss of inheritance.
Non-economic damages: These relate to intangible losses, including pain and suffering endured by the deceased before death, loss of companionship, loss of consortium, and emotional distress suffered by survivors.
Montana law limits damages to those that flow directly from the wrongful death. Gathering detailed records and evidence strengthens claims for these losses.
Steps To Take After a Fatal Car Accident
After a fatal car crash, there are several key actions you should take to protect your rights and prepare for a wrongful death claim. While the specific steps may vary depending on the nature of the accident, the primary steps include the following:
Obtain a police report: This official document includes details about the accident, parties involved, witness statements, and officer findings. It forms an essential basis for establishing liability.
Collect evidence: Preserve any photographs, videos, or witness contact information related to the crash scene or vehicles involved.
Notify the insurance companies: Inform the deceased’s insurer as well as the other driver’s insurer about the accident. Keep records of all communication.
Hire a personal representative: If you aren’t already acting as one, consider obtaining a court appointment to manage the deceased’s estate and file claims.
Consult with a law firm: Discuss your case with a firm that is familiar with wrongful death claims in Montana to clarify your rights and options.
Taking these steps early helps organize facts and protect your family’s ability to recover damages. If you are looking to file a wrongful death claim in Montana, reach out to an experienced personal injury attorney for guidance and advice.
Establishing Liability in a Wrongful Death Case
Proving that the other party caused the fatal car crash through negligence or wrongdoing is key to recovering damages. Liability usually depends on establishing:
That the defendant owed a duty of care to the deceased, such as obeying traffic laws.
That the defendant breached that duty by acting carelessly or recklessly.
That the breach directly caused the accident and the resulting death.
That you suffered damages because of the death.
Evidence like police reports, witness testimony, vehicle inspections, and expert opinions can support each element. Montana uses a modified comparative fault rule, meaning a claimant’s recovery can be reduced if they share fault, and no damages are recoverable if the claimant is more than 50% at fault.
Many wrongful death cases resolve through settlement before trial. Insurance companies often prefer to negotiate rather than face a court judgment. Settlement discussions typically focus on evaluating the strength of the evidence, calculating fair compensation for damages, and agreeing on terms that resolve the case without litigation. If a fair settlement can’t be reached, the case will proceed to trial, where a judge or jury will decide the outcome.
Contact an Experienced Personal Injury Attorney Today
After a fatal car accident, families often face difficult choices while managing grief and practical matters. It helps to have clear information about the steps involved in pursuing a wrongful death claim and what to expect throughout the process.
Whether you’re filing a wrongful death claim or managing related matters, reach out to an experienced attorney today. At Gerstner Adam Law, we are dedicated to helping you assert your rights and pursue compensation for losses resulting from the crash. Located in Billings, Montana, we serve clients throughout Glendive, Miles City, and Sidney. Contact us today to schedule an initial confidential.