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Montana Wrongful Death Lawyers

Family members of a deceased person deserve fair compensation for their pain and suffering. The Montana Advocates can provide the legal representation to make that happen.

A Wrongful Death Attorney Can Help Assist You with Your Case 

Life is fragile. Something most of us forget in our daily lives. This tragic reality occasionally punctures our bubble in sudden ways: The death of a loved one in a fatal accident or criminal homicide committed against innocent people.  

If you are going through such a difficult time, The Advocates extend our sincerest condolences to you. You are the victim of a wrongful act and deserve to have the legal system work for you.  

That is where we come in. Our Montana wrongful death attorneys can guide your wrongful death lawsuit through the courts and work to get you financial support. After an unexpected death, you should not have to worry about funeral expenses or medical bills.  

With an Advocate wrongful death lawyer on your side, you won’t have to. Call our office today, and we will get started on your wrongful death claim. 

The Next Steps in Your Montana Wrongful Death Case

Wrongful Death

If another person’s negligence caused your loved one’s death, you may have a case

Hire Attorney

Contact The Advocates as soon as possible to begin your case

Compile Documents

Gather relevant documents, like a death certificate and medical bills

Investigation

Your attorney, with the assistance of other experts, will investigate the cause of death

Negotiations

Your attorney will negotiate with the other party in an attempt to settle out of court

Lawsuits

If the other party refuses to settle, your attorney will represent you in court

Frequently Asked Questions

You will pay nothing out-of-pocket when you hire an Advocate. 

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees. 

Our attorneys work on a contingency basis, which means that our attorney fees are calculated as a percentage of your settlement. We do not get paid unless we win your case, and you receive a settlement. 

For more information on how settlements and payment work, please see our contingency fee information page. 

If the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. An experienced personal injury attorney can help you navigate the claims process, which can be lengthy and complex. 

Your attorney will gather evidence, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary.  

The best way to know if you have a case is to speak with an attorney. The Advocates offer free consultations—you can speak with a qualified legal team to understand what your case is worth without paying a dime.  

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. 

In general, personal injury cases can take anywhere from several months to several years. It is important to contact an attorney as soon as possible to get your case started. Each state has a statute of limitations for personal injury cases, after which you will lose your right of action. 

When you hire The Advocates, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. 

In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, your attorney will represent you in court in front of a judge, jury, and/or arbitrator. 

A Team of Wrongful Death Professionals Assigned to Your Case 

For nearly 30 years, The Advocates have helped thousands of personal injury victims receive fair compensation and care they deserve after their accidents, and we are prepared to do the same for you.  

We can help you:  

  • Understand the claims process 
  • Investigate your accident 
  • Negotiate with insurance adjusters 
  • Obtain a settlement or judgment against the at fault party 

Hable con un profesional

The Basics of a Wrongful Death Claim

Medical bill from the hospital, concept of rising medical cost.

The types of damages you can sue for 

Wrongful death cases result in more damages than just the death of a loved one. After a case evaluation with our legal team, we can help you determine what damages you are entitled to.

In general, here is what people generally sue for: 

  • Burial expenses for the deceased person 
  • Medical expenses 
  • Non-economic damages like pain and suffering 
  • Loss of companionship 
  • Lost wages  
  • Property damage 

Common causes of wrongful deaths 

The foundation of a wrongful death claim is the loss of a loved one, which can occur in a variety of ways: 

  • Medical malpractice 
  • Workplace accidents 
  • Commercial truck accidents 
  • Defective products  
  • Illegal acts like criminal homicide 
  • Nursing home negligence 
  • Premises liability 
Hospital nurses checking on woman patient at intensive care unit
Close up focus on courtroom microphone with attorney in the background.

Civil vs criminal case: Which will yours be? 

The goal of our law firm is to protect you and your family from any extra pain and suffering after the wrongful death of your loved one. We will sue the responsible party to ensure you receive fair compensation, not to inflict punishment on whoever did this wrongful act.  

Your case will be a civil one, not a criminal one. 

Survival action 

Survival actions seek compensation for the pain and losses the decedent went through between the injury and their death. Although they have passed away, the unfair suffering they went through is still worthy of compensation.  

Survival actions are for what the deceased suffered before their death. A wrongful death claim focuses on the losses inflicted on the surviving family members. Our wrongful death attorneys can help you with both. 

Attorney speaks with client.

Montana Law on Wrongful Deaths

Grief counselor comforts a grieving widow

Who is responsible for the deceased person’s estate? 

If there is a will, the person named in the will as executor will be appointed by the court as the personal representative. That person has the authority to file a claim on behalf of the deceased and surviving family members. 

If there is no will, a court will appoint a personal representative based on the priority order set by Montana Code 72-3-502. 

The order is typically: 

  • Surviving spouse 
  • Other heirs of the deceased 
  • Other suitable people may petition the court if no one else has applied 

The responsibilities of the personal representative 

  • Act in the best interest of the estate and its beneficiaries 
  • Administer the estate by paying debts and distributing assets 
  • File a wrongful death claim if deemed necessary 
Attorney talks with client

The time limit for filing your claim 

With wrongful death law in Montana, you have three years to file a wrongful death case. If the death occurred from homicide, then you have ten years. 

When Should I Hire a Montana Wrongful Death Attorney?

Our legal advice is to start the process quickly. The law is not known for being quick, and it could take months to reach a resolution.  

The Advocates know how hard that first step can be, especially in the wake of a tragedy. But know that after one phone call, your case will be handled by experts with years of experience.  

From Missoula to Billings, The Advocates are here to defend the rights and interests of those who have lost a loved one to a wrongful act.   

You deserve an experienced attorney who can shoulder the legal burden following the loss of a loved one. You deserve an Advocate.