Wrongful death statutes vary from state to state. In Montana, an action for wrongful death can be brought if injuries to an individual occurred due to the negligence of another person, and these injuries proved to be fatal.

A personal representative of the victim can bring forth an action and seek damages. However, in order for a wrongful death lawsuit to be successful all the elements of the claim must be satisfied. These include the fact that the death of a person has happened due to the negligence of another. For example, if a person is killed in car accident as a direct consequence of another person’s negligence, then the surviving family members of the car accident victim may have the option of filing a wrongful death lawsuit against the person responsible for the death.

Car accidents can happen to anyone without warning. For a family that has lost a loved one suddenly and tragically in a car accident possibly due to the negligence of another driver, holding the negligence driver liable may offer some peace and give the family some sense of justice. Furthermore, the family may be able to seek to compensation for funeral and burial expenses, medical expenses stemming from the accident if any, loss of earnings, loss of companionship and more.

Though a lost live cannot be brought back, for anyone who has lost a loved one in a vehicular accident may want to consider contacting a car accident personal injury lawyer for information. It is important to have the facts of one’s case reviewed for legal sufficiency and to see if all the elements of a wrongful death lawsuit are met before filing one.

Source: Montana Code Annotated 2013, “27-1-513 Action for wrongful death,” Accessed Oct. 14, 2014