This form is a sample personal injury complaint arising from incident in which decedent was shot multiple times by defendant.
Montana Complaint for Personal Injury and Wrongful Death due to Shooting / Violence
State:
Multi-State
Control #:
US-PI-0299
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint For Personal Injury And Wrongful Death Due To Shooting / Violence?
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FAQ
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.
Some common defenses include: Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover. Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death.
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 happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
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.
The highest wrongful death settlement was $160 million.
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.