Losing a loved one is devastating, particularly when caused by someone else’s negligence or misconduct. The family members of the deceased endure financial and emotional burdens in the aftermath of the death.
In Montana, specific individuals have a legal right to file a wrongful death claim on behalf of the deceased. A wrongful death claim can be a source of compensation for economic and intangible losses incurred by the family.
Therefore, you should speak to a legal professional to understand your legal rights and options. A Billings wrongful death lawyer can guide you through the legal process, determine your eligibility, gather evidence, and build a strong claim against the at-fault party.
Who Can Bring a Wrongful Death Claim in Montana
In Montana, the tragic impact of losing a loved one due to someone else’s negligence or wrongful act allows specific individuals to file a wrongful death claim. These claims aim to compensate for the emotional and financial losses suffered by the deceased’s family.
Typically, the right to bring a wrongful death claim mostly lies with those closely related to the deceased, who have suffered a tangible impact due to their loss.
Here are the parties who may file a wrongful death lawsuit in Montana:
Personal Representative of the Deceased’s Estate
The individual primarily responsible for filing a wrongful death claim in Montana is the personal representative of the deceased’s estate. This representative, often named in the deceased’s will or appointed by the court, bears the legal authority to initiate the claim on behalf of the estate.
The representative protects the estate’s interests and the beneficiaries in court proceedings.
Surviving Spouses
Surviving spouses also hold the right to pursue a wrongful death claim. As life partners, the loss of a spouse can lead to significant emotional distress and financial burdens, especially when losing a primary income provider.
A spouse can initiate a wrongful death claim to pursue compensation for economic and non-economic damages. A wrongful death attorney can support a spouse to investigate the cause of death, gather evidence, and initiate a compensation claim against the negligent party.
Surviving Children
Surviving children stand as rightful claimants in a wrongful death case. Whether they are minor children who lose parental support and guidance or adult children mourning the loss of a parental relationship, they may assert their claim.
Establishing a child’s right to compensation often revolves around proving the loss of parental benefits and the emotional pain endured. A wrongful death lawyer can support the surviving children in asserting their right to compensation.
Parents of Deceased Minors
In Montana, parents are eligible to file a wrongful death claim if they have lost a minor child due to another’s negligence or intentional act. Their right to file a claim acknowledges the profound impact the loss of a child has on parents, both emotionally and financially.
Losing a child disrupts the natural order of life, leaving parents with not only immense grief but also potential financial burdens, such as medical expenses and funeral costs. They may also seek compensation for intangible losses like loss of companionship.
A wrongful death attorney can help you assert your right to pursue compensation against the at-fault party. Most importantly, they can demonstrate your losses and push for a fair settlement.
What Is the Average Payout in a Wrongful Death Suit
There is no average payout for a wrongful death lawsuit. The outcome depends on the unique facts and circumstances of each claim.
Here are the factors that influence the value of a wrongful death suit:
The Deceased’s Earning Capacity
The earning capacity of the deceased individual can determine whether you’ll receive a higher or lower settlement value. The court will assess the deceased’s income at the time of their death and potential future earnings had they lived.
Factors such as education, skillset, and career trajectory will be considered when calculating the economic impact of the loss. A higher earning capacity typically results in a higher payout, reflecting the financial contributions the deceased would have made to their family.
The Age and Health of the Deceased
The age and health of the deceased can also influence the value of a wrongful death claim. Younger individuals with good health and a longer life expectancy will likely have a higher earning potential, resulting in a larger financial loss for their loved ones.
The court may also consider the impact of the loss on the deceased’s dependents, such as young children or a spouse who relied on their support. These factors can influence the compensation awarded in a wrongful death lawsuit.
Strength of the Evidence and Liability
The strength of the evidence and the extent of the liable party’s responsibility can determine if you’ll receive a fair settlement value for your losses. If there is clear and compelling evidence of negligence or wrongdoing on the part of the responsible party, the court may award a higher payout to compensate for the damages.
On the other hand, if the evidence is weak or liability is disputed, the potential payout may be lower. A wrongful death lawyer can help compile substantial evidence to increase your chances of receiving compensation for your losses.
Insurance Coverage
In most cases, the negligent party’s insurer is the source of compensation to the deceased’s family. If the liable party is adequately insured, their insurance policy may cover a significant portion of the damages awarded in the case.
However, if the responsible party is uninsured or underinsured, the compensation available to the plaintiffs may be restricted. A wrongful death attorney can assess the insurance coverage and determine the best approach to pursuing a fair settlement or jury award.
Medical History of the Deceased
The medical history of the deceased individual can also influence the value of a wrongful death claim. Pre-existing medical conditions, lifestyle factors, and overall health can impact the damages awarded in a lawsuit.
The settlement value may be lower if the deceased had a chronic illness or medical issues that contributed to their death. A wrongful death lawyer will closely examine the medical records and history of the deceased to present a comprehensive case that considers all relevant factors.
Compensation for Wrongful Death
You can initiate a wrongful death lawsuit to receive compensation for losses associated with losing a loved one.
Some of the damages you can receive in a wrongful death claim include:
Medical Expenses
In a wrongful death claim in Montana, you may be eligible to receive compensation for medical expenses incurred before your loved one passed away. These expenses can pile up and put a significant financial strain on a family already dealing with the emotional toll of losing a loved one.
Compensation for medical expenses may cover a wide range of costs related to the care and treatment your loved one received leading up to their passing.
These costs can include hospital bills, medication costs, surgical procedures, rehabilitation services, and any other medical expenses directly related to the injury or illness that ultimately resulted in their death.
Ensure you compile and preserve medical records to prove the medical expenses your loved one incurred before they passed on.
Funeral and Burial Costs
You may also be entitled to compensation for funeral and burial costs as part of a wrongful death claim. These expenses can include the following:
- Funeral service expenses: These damages cover the costs associated with the actual funeral service, including the casket, flowers, transportation, and any other ceremony-related expenses.
- Burial expenses include the costs of burial plots, headstones, and any other expenses related to the burial of your loved one.
- Additional costs: In some cases, you can also recover additional expenses related to the funeral and burial, such as the cost of obituaries or memorial services.
Loss of Income
When a family member dies, their income contribution to the household is abruptly cut off, leaving surviving dependents in a precarious financial situation.
Compensation for loss of income seeks to replace the financial support that the deceased would have provided to their family members if they had not passed away.
A wrongful death attorney can support your compensation claim using bank statements, profit and loss statements, invoices, and tax returns.
Loss of Future Earnings
The surviving family members can also seek compensation for losing the deceased’s future earnings. Our wrongful death lawyers can estimate your losses based on various factors, including:
- Deceased’s age
- Occupation
- Earning capacity
- Life expectancy before the wrongful death occurred
Loss of Companionship
When you lose a family member or a spouse, you not only lose their presence in your life but also the companionship, love, and support they provided. These intangible losses can profoundly impact your emotional well-being and quality of life.
Compensation for loss of companionship aims to provide financial support for the emotional suffering, pain, and void left by the untimely death of a family member.
Loss of Parental Guidance
In cases where a parent’s death deprives their children of guidance, care, and nurturing, Montana law allows surviving children to seek compensation for the loss of parental guidance.
These damages acknowledge parents’ invaluable role in shaping their children’s lives and aim to provide support in their absence.
Emotional Distress
You can pursue compensation for emotional distress damages in a wrongful death claim. These damages recognize the pain and suffering experienced by the surviving family members but also aim to provide some measure of solace during such a difficult time.
For example, a family that tragically loses a beloved parent due to a negligent driver. In addition to the financial losses resulting from the unexpected death, the family endures profound grief, sorrow, and mental anguish.
Emotional distress damages acknowledge the emotional toll related to the death, offering a form of redress for the psychological impact endured by the family members left behind.
Pain and Suffering of the Deceased
While the deceased cannot seek compensation for their pain and suffering, their surviving family members can pursue damages for the physical and emotional distress endured by the deceased before their death.
Pain and suffering damages compensate an injured victim for the pain, discomfort, trauma, and inconvenience resulting from the injury.
Punitive Damages
In a wrongful death claim in Montana, punitive damages serve as a form of punishment for the at-fault party rather than compensation for the survivors. These damages are not awarded in every case but are reserved for situations where the defendant’s actions were particularly egregious.
For example, if a drunk driver caused a fatal accident due to their reckless behavior, a court may choose to award punitive damages in addition to compensatory damages. Punitive damages aim to deter the defendant and others from engaging in similar misconduct in the future.
A wrongful death attorney can present compelling evidence depicting the at-fault party’s negligent actions to increase the chances of receiving punitive damages.
How Can a Wrongful Death Lawyer Help You
You should consult a legal professional if you lose a loved one due to someone else’s negligence. A wrongful death lawyer can evaluate the circumstances of the death and determine if you have a legal case against the at-fault party.
They will also gather evidence, interview witnesses, and obtain expert testimony to build a strong case against the negligent party. A wrongful death attorney will also give you legal advice so that you can make appropriate decisions that protect your right to compensation.
Your Options for Seeking Justice and Compensation
A wrongful death can leave a family struggling with grief and financial strain. They will likely endure lost income, medical expenses, and funeral expenses. The sudden loss of a loved one may also create long-term economic challenges.
While you may be entitled to compensation for your losses, you face resistance from the at-fault party’s insurer. A wrongful death lawyer can investigate the cause of death, negotiate with insurers, and pursue maximum compensation on your behalf.
With legal support, you can focus on healing from the loss of your loved one as a Montana personal injury attorney fights for the justice and financial stability that your family deserves.
Get in touch with a wrongful death attorney to understand your legal options.