Wrongful death is a legal term that refers to the death of a person caused by the negligence, malpractice or intentional misconduct of a person, corporation or governmental entity. Montana personal injury law provides for a cause of action for wrongful death by virtue of its wrongful death statute, §27-1-513 Montana Code Annotated.
This statute provides that the personal representative of a dead person may bring a lawsuit for the benefit of the surviving family members to recover damages against the persons or entities responsible for the death. The term “personal representative” usually means the administrator or executor of the estate of the decedent that has been appointed by the Court.
Financial costs associated with a wrongful death can add up quickly. While there is no amount of money that could make up for the loss of a loved one, compensatory damages in a wrongful death case can relieve some of the burden of funeral, burial, and other expenses. You may be entitled to recover compensation for the following:
- Medical expenses
- Death and funeral expenses
- Loss of future earnings
- Loss of benefits (such as pension benefits)
- Pain and suffering of decedent
- Punitive damages which are meant to punish a particularly negligent individual or business whose behavior directly contributed to your loved one’s death
Losing a loved one can be one of the hardest things that anyone ever has to deal with. When a loved one dies as a result of someone else’s negligent or reckless act, his or her family will be faced with numerous life-altering financial and emotional challenges that may seem overwhelming.
If your family member died due to another party’s negligent or reckless actions, McKeon Law can provide you with the representation to help find the closure you need during this difficult time. Contact us today.