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Montana wrongful death law §27-1-513, if a person is injured and dies due to another's negligence or intentional act, their personal representative (executor) can file a claim on behalf of their qualified surviving heirs.
Negligent death is another term for wrongful death. Proving the defendant is liable is necessary for a plaintiff to win a wrongful death lawsuit to collect damages. Four elements must be established by the plaintiff to establish negligence played a part in someone's death.
Wrongful death. noun. : a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another. sought damages for the wrongful death of their murdered daughter. Last Updated: - Updated example sentences.
When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>
Only certain people can file wrongful death claims in Montana: The personal representative of the deceased person's estate. The deceased person's parents or legal guardians if the deceased person is a child under the age of 18.
Simply put, a wrongful death lawsuit is a claim filed by the immediate family members of the deceased against a person or entity who could be held liable for the death of their loved one. The lawsuit allows surviving family members to recover damages for their loss.
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.