Table of Contents
Key Takeaways
- Only the personal representative of the estate can file a Montana wrongful death claim.
- The claim generally must be filed within three years of the date of death.
- Filing follows a set order that starts with appointing that representative.
- If the person who died was partly at fault, recovery is still possible but may be reduced or barred.
Montana law allows only the personal representative of a deceased person’s estate to file a wrongful death claim, and that claim generally must be filed within three years of the date of death. For a family in Southwest Montana who just lost someone to another party’s negligence, those two facts control whether the claim can move forward at all.
Two mistakes can cost a family the claim entirely: the wrong person tries to file, or too much time passes before anyone files at all. Both are avoidable once the order of the process is clear.
Joyce, MacDonald, Haynes & Johnston handles wrongful death claims for families across Butte and Southwest Montana, from preserving evidence through filing the complaint in district court. The sections below cover what the claim is, who is allowed to file it, the steps involved, and the deadline that applies.
What Counts as a Wrongful Death Claim in Montana?
If someone in your family died in Montana because of another person’s wrongful act or neglect, you may be able to bring a civil wrongful death claim for the losses that followed. The claim is separate from any criminal case, and it asks the responsible party to pay for the losses the death caused, such as medical bills, funeral costs, and lost income.
To recover, the family must show that another party’s negligence or wrongful act caused the death. That standard applies whether the underlying incident was a car accident, a workplace incident, or another type of case.
Who Can File a Wrongful Death Claim in Montana?
In Montana, only one person can file a wrongful death claim: the personal representative of the deceased person’s estate. That rule comes from Montana’s wrongful death statute, Mont. Code § 27-1-513, and it applies no matter how closely a surviving spouse, child, or parent was related to the person who died.
The personal representative is often named in the deceased person’s will. When there is no will, the court appoints one through probate according to Montana law
A person named in a will or appointed by the court can serve as personal representative, including:
- A surviving spouse
- An adult child of the person who died
- A parent of the person who died
- Another close relative the court approves
None of these family members can bring the claim in their own name. The personal representative is the only one authorized to file, and the claim cannot move forward until that person is confirmed.
The Steps to File a Wrongful Death Claim in Montana
The steps in a Montana wrongful death case typically follow this order:
- Confirm or appoint the personal representative of the estate.
- Gather evidence and investigate what caused the death.
- Confirm the claim still falls within Montana’s filing deadline.
- Work through negotiation with the insurance companies, and pursue litigation if a fair resolution is not reached.
- File the complaint in the Montana district court for the county.
- Serve the responsible party with the complaint.
A lawyer can handle each of these steps for the family, from getting the personal representative appointed to filing the complaint and handling service. Taking them in order keeps the claim on track and within the deadline.
The Three-Year Deadline and Montana’s Fault Rule
Montana gives families three years from the date of death to file a wrongful death claim. That deadline is set by Mont. Code § 27-2-204. If the three years pass before a claim is filed, the claim is generally barred, and the family loses the right to recover.
Montana follows modified comparative negligence, so a family can still recover even if the person who died was partly at fault for what happened. The recovery is reduced by that share of fault, and it is barred completely if that share was 51% or more. This rule comes from Mont. Code § 27-1-702.
How a Lawyer Can Help With Your Montana Wrongful Death Claim
We can take on the parts of the process that are easy to get wrong:
- Identify and get the personal representative appointed
- Investigate the cause of death and preserve evidence
- Prepare and file the district court complaint and handle service
- Put a value on the family’s losses
- Handle negotiations with the insurance companies
Our partners stay closely involved throughout, tracking each deadline and staying in touch as the claim moves forward.
Frequently Asked Questions About Filing a Wrongful Death Claim in Montana
How Long Does a Wrongful Death Lawsuit Take in Montana?
There is no set timeline. A claim that settles may resolve in several months, and one that goes to trial can take a year or more. The main factors are how clear the fault is, how the insurance companies respond, and how complex the losses are to prove.
Who Receives the Compensation From a Montana Wrongful Death Claim?
The personal representative files the claim, but the recovery goes to the surviving family members recognized under Montana law, such as a spouse, children, or parents. The representative does not keep the money. Any recovery is distributed to those beneficiaries of the estate based on their relationship to the person who died and the losses they experienced.
Can You File a Wrongful Death Claim If Criminal Charges Were Also Filed?
Yes. A wrongful death claim is separate from any criminal case, so you do not have to wait for the criminal case to finish before filing. If the person responsible was charged with a crime, that prosecution is handled by the state, and its outcome does not decide the civil claim.
Get Help With Your Montana Wrongful Death Claim Before the Deadline Passes
Filing a Montana wrongful death claim starts with naming the personal representative, and the three-year deadline limits how long a family has to act.
A consultation costs nothing and can help confirm where your claim stands and how much time is left before the deadline passes. We handle Montana wrongful death claims from getting the personal representative appointed through filing in district court, and we serve families across Butte and Southwest Montana.
Call us at 406-723-8700, or reach us through our contact form.
