This form is a Complaint for a Wrongful Death. Plaintiff demands a jury by trial, an award of damages, reasonable attorney fees, and other relief which is just and proper.
Montana Complaint for Wrongful Death - Single Count
State:
Multi-State
Control #:
US-M6795
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Wrongful Death - Single Count?
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FAQ
Elements of Wrongful Death Lawsuits A person's death caused by another person's negligence or by another person's intent to cause the deceased individual harm. Monetary injuries, related to the death, for the surviving family members. Appointment of a personal representative for the estate of the decedent.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
In Canada, save in exceptional circumstances, there is a cap to the amount that an injured person may recover under this category of damage. The cap was established back in 1978 by the Supreme Court of Canada at $100,000. Over the years this value has been adjusted and in 2023 the cap is approximately $400,000.
General damages are financial compensation for your reduced enjoyment of life or the inability to do the activities you could before the accident.
These tangible damages include: Lost wages, income and other financial compensation that the deceased would reasonably be expected to earn during their expected lifetime. Out-of-pocket medical bills, funeral, burial and other expenses incurred as a consequence of the wrongful death.
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
General Damages Examples Disfigurement (e.g., permanent scarring or loss of a limb) Physical impairment or disability (e.g., no longer able to walk) Emotional distress (e.g., anguish from the loss of a loved one) Mental health problems [e.g., post-traumatic stress disorder (PTSD)]
General Damages Instead, this amount is based on a variety of factors, including the nature and severity of the injury, the amount of pain you experience, length of recovery, and the disruption of your life. Most of these are fairly subjective, which can make it difficult to arrive at a number.