Wrongful Death

Wrongful Death Attorney in Montana

Losing someone you love because of another person’s carelessness is an experience no family should have to face. The emotional pain is often overwhelming, and the financial and legal burdens that follow can add even more distress.

At AT Legal PC, we help Montana families navigate wrongful death claims with professionalism, compassion, and clarity. Our goal is to bring peace of mind during an impossible time and to pursue justice that honors the life that was lost.

Understanding Wrongful Death in Montana

A wrongful death occurs when a person’s death is caused by another’s negligence, recklessness, or wrongful act. These cases are civil, not criminal, and their purpose is to provide surviving family members with financial compensation for their loss.

A wrongful death claim can arise from many situations, including:

Car, truck, or motorcycle accidents
Defective products or dangerous equipment
Medical malpractice
Workplace accidents
Premises liability or unsafe property conditions
Criminal conduct, such as assault or drunk driving

While no amount of compensation can make up for such a loss, Montana law allows families to recover damages that can ease the financial hardships and provide a sense of accountability.

Who Can File a Wrongful Death Claim in Montana

Under Montana Code Annotated §27-1-513, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. This person is often named in the will or appointed by the court and acts on behalf of the surviving family members.

Eligible beneficiaries who may receive compensation typically include:

A surviving spouse
Children of the deceased
Parents, if the deceased had no spouse or children
Other legal dependents in limited circumstances

AT Legal PC assists families with every aspect of this process, from identifying the personal representative to coordinating with the probate court and ensuring all statutory requirements are met.

The Difference Between Wrongful Death and Survival Actions

Montana law distinguishes between wrongful death claims and survival actions, which can be filed together in certain cases.

A wrongful death claim seeks damages for the losses suffered by surviving family members, such as loss of companionship and financial support.
A survival action seeks damages on behalf of the deceased person’s estate for the pain, suffering, and other losses the person experienced before death.

Understanding the distinction is critical because each type of claim involves different damages and timelines. At AT Legal PC, we ensure both claims are handled correctly to maximize recovery for the family and estate.

What You Must Prove in a Wrongful Death Case

To succeed in a wrongful death claim, the family or estate must show that:

The defendant owed a duty of care to the deceased.
That duty was breached through negligence or misconduct.
The breach directly caused the death.
The death resulted in measurable damages for surviving family members or the estate.

We build these elements using detailed investigation, expert testimony, and careful documentation of both economic and emotional impact.

Common Causes of Wrongful Death in Montana

Each case is unique, but some of the most frequent causes of wrongful death in Montana include:

Motor vehicle crashes involving negligent or intoxicated drivers
Truck or commercial vehicle collisions on highways and rural roads
Motorcycle accidents where riders are left unprotected in severe impacts
Workplace and industrial accidents involving unsafe machinery or poor supervision
Medical errors, including surgical mistakes or misdiagnosis
Defective products, such as faulty brakes, tires, or safety equipment
Premises liability cases, including falls or unsafe building conditions

Montana’s expansive geography and long travel distances often mean slower emergency responses, making negligent acts even more dangerous. AT Legal PC understands these local realities and tailors each investigation to the circumstances of life in Montana.

Damages Available in a Wrongful Death Lawsuit

The value of a wrongful death claim depends on many factors, including the deceased person’s age, income, life expectancy, and relationship to survivors. Montana law allows recovery for both economic and non-economic damages, such as:

Medical expenses related to the fatal injury
Funeral and burial costs
Loss of income and future financial support
Loss of companionship, guidance, and consortium
Emotional pain and suffering experienced by family members
Punitive damages in cases involving extreme recklessness or intentional wrongdoing

Our firm works with economists, medical experts, and financial professionals to ensure every loss is documented accurately and comprehensively.

How Long Do You Have to File a Wrongful Death Lawsuit in Montana

Under Montana Code Annotated §27-2-204, the statute of limitations for filing a wrongful death claim is three years from the date of death.

If the death resulted from a criminal act, such as homicide or drunk driving, the time limit may be extended.

Because evidence can disappear and witnesses can become harder to locate over time, it is best to contact an attorney as soon as possible. Early legal action allows for proper investigation and preservation of critical information.

The Legal Process: From Consultation to Resolution

Step 1: Consultation

We begin with a private, compassionate conversation about what happened and what you hope to achieve. We review the facts to determine whether a wrongful death claim is legally justified.

Step 2: Investigation

Our team gathers police reports, medical records, witness statements, and expert opinions to establish fault and causation.

Step 3: Filing the Claim

We prepare and file the wrongful death complaint in the appropriate court, ensuring all procedural and statutory requirements are met.

Step 4: Negotiation or Litigation

Many cases resolve through negotiation or mediation, but we prepare every case for trial. Our approach is deliberate and evidence-based, always focused on the family’s best interests.

Step 5: Resolution and Recovery

We keep you informed throughout the process and provide clear explanations about potential outcomes, settlement options, or court proceedings. Our goal is resolution with integrity and compassion.

Why Choose AT Legal PC

Founded by Adrienne Tranel, a National Top 100 Trial Lawyer, AT Legal PC provides modern, client-centered representation rooted in fairness and discretion.
Adrienne grew up on a ranch north of Billings, where she learned the importance of hard work, empathy, and standing up for those who cannot stand alone.

Families choose AT Legal PC because:

We combine legal precision with compassion.
We handle cases discreetly and respectfully, protecting your family’s privacy.
We have a deep understanding of Montana law, including wrongful death and survival statutes.
We pursue fair results through evidence, preparation, and clarity, not grandstanding.
We remain accessible and communicative from start to finish.

Our role is to shoulder the legal burden so that you can focus on grieving, healing, and remembering your loved one.

What to Bring to Your Consultation

While you do not need to have every document ready, the following information helps us begin evaluating your case:

Death certificate
Police or accident reports
Medical records or hospital documentation
Funeral or burial receipts
Employment and income information for the deceased
Correspondence with insurance companies
Names and contact information for witnesses

We treat all materials and conversations with the highest level of confidentiality and respect.

Serving Families Across Montana

AT Legal PC represents families throughoutBillings, Miles City, Sidney, Great Falls, Bozeman, Livingston, Butte, Missoula, Hamilton, Kalispell, and Whitefish, as well as smaller communities across the state.

We understand the unique challenges of pursuing a case in Montana’s rural areas, from limited access to legal resources to the need for local expertise in county courts.
Wherever you are, we bring the same level of care, professionalism, and quiet determination to every case.

Frequently Asked Questions

How does a wrongful death lawsuit work

A wrongful death case begins when the personal representative of the estate files a claim on behalf of the surviving family. The process includes investigation, evidence collection, and negotiation or trial. AT Legal PC manages every stage to protect your rights and secure fair compensation.

What constitutes a wrongful death lawsuit

Any death caused by another party’s negligence, recklessness, or intentional act can form the basis of a wrongful death claim. Common examples include car crashes, medical malpractice, defective products, and unsafe work conditions.

How long do wrongful death lawsuits take

The length of a case varies depending on complexity and whether settlement is possible. Some claims resolve within months through negotiation, while others that require expert testimony or litigation may take a year or more.

Related Practice Areas

Have Questions? Contact Us.

If you have lost a loved one because of another person’s negligence, you do not have to face the legal system alone.

Have questions? Contact us and we will help you find answers.