Billings, MT Wrongful Death Lawyer

Did you lose a loved one in a serious and devastating accident? Talk to our wrongful death lawyers in Montana.

If you are reading this, you have likely suffered an unimaginable loss. The sudden, unexpected death of a family member is a devastating event, leaving behind not just profound grief but often a trail of financial and emotional chaos. When this loss was caused by the negligence or wrongful act of another person or company, the pain is compounded by a sense of injustice. At Rimrock Law, we understand that no amount of money can ever replace your loved one. However, seeking justice can provide a sense of closure and the financial stability your family needs to move forward.

Our compassionate legal team is here to listen to your story and help you understand your rights.

Contact a caring Billings, MT wrongful death attorney at Rimrock Law today for a free, confidential consultation.

Why Choose Rimrock Law for Your Billings Wrongful Death Case

During this incredibly difficult time, choosing a legal representative to advocate for your family is a deeply personal and important decision. You need more than just a lawyer; you need a trusted partner who will handle your case with the sensitivity, respect, and tenacity it deserves. The team at Rimrock Law is committed to being that partner for you, providing the unwavering support you need while you focus on healing.

Here is why families across Montana trust Rimrock Law with their most sensitive cases:

  • Compassionate Counsel, Tenacious Advocacy: We lead with compassion. Our philosophy, "For Us, It's Personal," is at the core of everything we do. We take the time to listen, understand your family's unique story, and build a relationship based on trust. While we provide gentle guidance to you, we are fierce and relentless in the courtroom and at the negotiating table, fighting for justice for your loved one.
  • Deep Montana Roots and Experience: Our attorneys—Matthew Braukmann, James Dallner, and Phillip Lorenzo—are Montana's injury lawyers. With decades of combined experience, we have an intimate understanding of Montana’s specific wrongful death statutes and how the local court systems, including those in Billings and Yellowstone County, operate. We have handled hundreds of cases statewide, from car accidents on I-90 to tragic oil field accidents in the Bakken.
  • A Record of Significant Results: While past performance is not a guarantee of future outcomes, our track record speaks to our commitment and capability. Our attorneys have recovered over $100 million for our clients, demonstrating that we have the resources and skill to take on complex cases against large insurance companies and corporations. We don’t back down from a fight, no matter how deep the defendant's pockets are.
  • No Fee Unless We Win: We understand the financial strain your family is under. You should not have to worry about legal fees. We handle all wrongful death cases on a contingency fee basis. This means you pay us absolutely nothing unless and until we successfully recover compensation for your family.

For us, it truly is personal. We are dedicated to helping families in Billings and across Montana find a measure of justice and stability after a devastating loss.

What is a Wrongful Death?

Experience matters

In the simplest terms, a wrongful death is a death caused by the wrongful act or neglect of another. Under Montana law (MCA 27-1-513), when a person's death is caused by such an act, their personal representative can file a lawsuit on behalf of the surviving heirs to seek compensation for the losses they have suffered.

Essentially, if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their family now has the right to file a wrongful death claim. These claims are civil actions, separate from any criminal charges the at-fault party may face. The goal of a civil wrongful death lawsuit is not to punish the wrongdoer with jail time, but to hold them financially accountable for the immense harm they have caused your family.

The "personal representative" of the deceased's estate is the individual legally designated to manage the estate’s affairs. This could be a person named in the will or someone appointed by the court. This representative files the claim on behalf of the heirs, who typically include the surviving spouse, children, and parents.

Common Causes of Wrongful Death

A fatal accident can happen in countless ways, often in situations that are tragically preventable. Our Billings wrongful death attorneys have the experience to handle claims arising from a wide range of circumstances, including:

No matter the circumstances of your loved one’s death, if you suspect it was caused by someone else's carelessness, our legal team can investigate the incident to determine if you have grounds for a wrongful death lawsuit.

How Our Lawyers Prove Negligence in Wrongful Death Cases

The foundation of most wrongful death claims in Montana is a legal concept called negligence. Negligence is not about proving someone intended to cause harm, but rather that they failed to act with reasonable care, and this failure resulted in your loved one's death. Think of a driver who runs a red light while texting; they may not have intended to hurt anyone, but their careless actions directly caused a tragedy.

To build a successful wrongful death lawsuit, our attorneys must investigate the incident thoroughly and establish four specific elements to prove negligence.

  • Duty of Care: First, we must show that the person or entity who caused the death owed your loved one a "duty of care." This is a legal responsibility to act in a way that does not cause foreseeable harm to others. For example, every driver on King Avenue has a duty to obey traffic laws and pay attention to the road.
  • Breach of Duty: Next, we must prove that the person breached, or violated, that duty. Using the same example, texting while driving or speeding through an intersection would be a clear breach of a driver's duty of care.
  • Causation: The third element is linking the breach of duty directly to your loved one's death. We must show that the careless action was the direct and primary cause of the fatal injuries. Evidence such as accident reconstruction reports, witness testimony, and medical records are crucial here.
  • Damages: Finally, we must demonstrate that the death resulted in "damages," which is the legal term for the losses your family has suffered. These include financial costs like funeral expenses and lost income, as well as the profound emotional pain of your loss.

Proving all four of these elements requires a thorough, detailed, and strategic approach. The attorneys at Rimrock Law have decades of experience building strong cases that clearly and powerfully establish negligence.

What Damages Are Available in a Billings, Montana, Wrongful Death Case?

No amount of money can ever replace a loved one. We understand this completely. The purpose of seeking damages in a wrongful death claim is not to assign a monetary value to a life, but to provide your family with the financial resources you need to move forward without the support and income your loved one provided. It is also a way to hold the responsible party accountable for the immense harm they have caused.

In Montana, surviving family members may be able to recover compensation for a range of economic losses. Economic damages are the measurable financial losses your family has incurred, such as:

  • Medical expenses incurred by your loved one before their passing.
  • Funeral and burial expenses.
  • The loss of the wages, benefits, and future earnings your loved one would have provided for the family.

There is also the possibility of claiming non-economic damages that related to grief and loss. Our Billings wrongful death attorneys work with financial experts, economists, and life care planners to accurately assess the full value of your family's claim to ensure you seek the maximum compensation you are owed.

Experience

Over 80 years of law and resolving civil litigation cases across the nation.

Success

We have recovered millions of dollars in damages for clients.

Reputation

Matt Braukmann,  James Dallner and Phill Lorenzo have been practicing law for a combined 80 years. Together and individually, they have built a reputation of trust, integrity, grit – everything you want in a civil litigation lawyer.

How Our Billings Wrongful Death Attorney Can Help with Your Case

The legal process for a wrongful death claim is complex and demanding, and it is the last thing your family should have to manage while grieving. When you trust your case to Rimrock Law, our Billings wrongful death attorney will handle every legal detail from start to finish. Our goal is to lift this burden from your shoulders entirely.

Here is how we can help your family during this difficult time:

  • Conducting a Full Investigation: We immediately begin our own independent investigation into the circumstances of your loved one's death. This involves gathering police reports, interviewing witnesses, securing physical evidence, and working with investigators to uncover exactly what happened.
  • Managing All Communications: We will take over all communication with insurance adjusters, corporate representatives, and opposing attorneys. This protects you from the pressure tactics insurance companies often use to try to get you to accept a low settlement offer.
  • Identifying All Liable Parties: Sometimes, more than one party may be responsible for a death. For example, in a truck accident, the driver, the trucking company, and even a parts manufacturer could all share liability. We work to identify every potential source of recovery for your family.
  • Building a Powerful Legal Claim: We meticulously document all of your family's damages, both economic and non-economic, to build a comprehensive claim that reflects the true extent of your loss.
  • Negotiating for a Fair Settlement: We will handle all settlement negotiations on your behalf. While most cases are resolved without a trial, we prepare every case as if it will go to court. This shows the other side we are serious and will not back down from a fight.

By handling these critical tasks, we allow your family the time and space you need to grieve and support one another.

Billings Wrongful Death FAQs

Is there a time limit to file a wrongful death claim in Montana?

Yes, there is a strict deadline, known as the statute of limitations. In Montana, a wrongful death action must generally be filed within three years from the date of the person’s death. While that may seem like a long time, building a strong case takes time. It is crucial to speak with an attorney as soon as possible to ensure your rights are protected.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit where the goal is to obtain financial compensation (damages) for the victim’s family. The burden of proof is a “preponderance of the evidence.” A criminal case is brought by the state to punish the defendant with penalties like fines or imprisonment. The burden of proof is much higher: “beyond a reasonable doubt.” A person can be found liable in a civil wrongful death case even if they are acquitted in a criminal trial.

What if my loved one was partially at fault for the accident?

Montana follows a rule called modified comparative negligence. This means you may still be able to recover damages as long as your loved one was not 51% or more at fault for the incident that caused their death. If they were found to be partially at fault, the compensation award would be reduced by their percentage of fault. Our job is to fight back against any unfair attempts to blame your loved one.

Will our family have to go to court?

The vast majority of wrongful death cases are settled out of court through negotiations. Insurance companies often prefer to settle rather than risk a trial. However, we believe in preparing every case as if it will go to a jury. If the insurance company refuses to offer a fair settlement that fully compensates your family, our experienced trial attorneys are fully prepared to take your fight to the courtroom.

Contact Our Trusted Billings Wrongful Death Lawyers Today

We know that you are facing one of the most difficult challenges life can present. While we cannot turn back time, we can help you seek accountability and justice for your beloved family member. At personal injury law firm in Billings, you are not just a case number; you are a family we are committed to helping. For us, it’s personal.

Let our experienced and compassionate team stand by your side and fight for you. While you focus on healing, we will focus on the fight. You do not have to face the legal system and powerful insurance companies alone.

Contact our office today at (406) 606-1650 or through our online form for a free, completely confidential, and no-obligation case evaluation.

Let us show you how we can help your family find a path forward.