All Laws Decoded

Wrongful Death Lawsuits in Montana

Who can bring a wrongful death claim in Montana, the deadline to file, and any limits on damages.

Short answer: The personal representative of the estate of the person who died may bring the action, against the person who caused the death and, where applicable, that person's employer. Mont. Code Ann. § 27-1-513

Who can sue for wrongful deathThe personal representative of the estate of the person who died may bring the action, against the person who caused the death and, where applicable, that person's employer.
Wrongful death deadlineThree years, except 10 years when the death resulted from a homicide.
Damage capsNo general cap on compensatory damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the lesser of $10 million or 3% of the defendant's net worth), and to claims against state and local governments ($750,000 per claim, $1.5 million per occurrence).

More Montana personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Montana?
The personal representative of the estate of the person who died may bring the action, against the person who caused the death and, where applicable, that person's employer.
How long do you have to file a wrongful death lawsuit in Montana?
Three years, except 10 years when the death resulted from a homicide.
Does Montana cap damages in personal injury cases?
No general cap on compensatory damages in ordinary injury cases was found. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages (the lesser of $10 million or 3% of the defendant's net worth), and to claims against state and local governments ($750,000 per claim, $1.5 million per occurrence).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.