Wrongful Death Attorneys in Billings, Montana

Of all the cases we handle at Gerstner Adam Law, perhaps the toughest are wrongful death claims. We know as attorneys that there's nothing we can do to right the wrongs that have happened to your family, and we recognize our clients are dealing with an unthinkable tragedy.

Our goal is to help you through this difficult time and carry some of the load so you can focus on your family. The last thing you want to spend your time doing is going back and forth with an insurance company or navigating a wrongful death lawsuit. However, you and your family deserve to be compensated for your loss, and we can help.

If you’re located in or around Billings, Montana, call us today to set up a consultation. Gerstner Adam Law also serves clients in Glendive, Miles City, Sidney, and neighboring areas.

WHY FILE A WRONGFUL DEATH CLAIM?

We know it can feel somewhat futile to pursue a wrongful death claim, but there are good reasons to do so. And, by enlisting the aid of a qualified personal injury attorney, you won’t have to worry as much about the details of your settlement or claim — we do that for you.

While a claim like this can never bring your loved one back, it can help to protect others and hold the responsible party liable. If the death was due to an accident caused by another person’s negligence, a wrongful death lawsuit can help ensure it doesn’t happen to others in the future. Additionally, it can help cover your financial costs such as lost income or burial expenses.

WHAT CONSTITUTES WRONGFUL DEATH IN MONTANA?

In the state of Montana, a wrongful death is when injuries and death of one person are caused due to the negligence or wrongful act of another. This includes accidents, medical malpractice, and intentional acts. Most claims must be made within three years of the date of death, but in cases of homicide, the statute of limitations is 10 years. While this may seem like a lot of time, we know from experience that gathering evidence and documentation to pursue these claims can be time-consuming. And, the longer you wait to file, the harder it can be to receive the appropriate compensation.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN MONTANA?

In Montana, the law requires that the deceased’s personal representative file a claim on their behalf. In other states, any close family member can do this, but when a personal representative is required, it can make the process a bit more complicated. If the deceased has not named a representative (such as in a will), the court can appoint one, usually a surviving spouse or other close family member.

DAMAGES AVAILABLE

What happened to your family is not your fault, and you shouldn’t have to bear the burden of the costs associated with it. Any damages you seek in a case like this must be related to the death of your loved one, but they can be both “economic” and “non-economic.”

Examples of economic damages would be medical expenses, funeral and burial costs, lost wages, or lost future earning capacity of the deceased. In all of these cases, you will have to provide documentation of the costs with receipts, bills, pay stubs, and so on. Non-economic damages can be a bit harder to define and put a dollar amount to, but they include things like pain and suffering and loss of consortium.