When an individual dies in an accident due to the carelessness of another individual or party, it is legally termed a wrongful death case in Montana. In such cases, the death could have been prevented if the accused person or party had been more responsible. Some classic examples of wrongful death cases include careless driving deaths, intentional assault, murder, vehicular manslaughter, and more.
If your family member or loved one has recently passed away in a serious accident, you can legally file a lawsuit to fight against the party responsible for the accident. You must be unaware of the complex procedures involved in proving and gaining rightful compensation for the sad loss of your loved one. This can be rectified by approaching a verified Montana wrongful death attorney near you. An experienced attorney can educate you and help you fight the case and prove negligence in a wrongful death case.
The Duties of a Wrongful Death Lawyer
A wrongful death attorney can pursue your insurance claim for economic and noneconomic losses. Damages list may include medical care costs incurred before death, funeral expenses, and income loss due to the loved one’s untimely death.
Four Highlighting Points Of Negligence In Case of Wrongful Death
- Duty of care- It signifies a legal responsibility to function in a way that does not endanger other people or put their lives at risk. For instance, when you are driving a vehicle, you need to drive safely and avoid certain behaviors that could cause harm to others.
A competent lawyer can prove that the at-fault party neglected his duty of care via negligence. If your loved one met with a vehicular accident and got killed, a learned Montana wrongful death attorney will strive his best to prove this point and give proof that the at-fault party and the deceased were both sharing the same road, which led to the collision.
- Duty Breach- To file a negligence case, the Montana advocate has to prove the fact that the guilty party has violated the duty of care clause. For this, the lawyer must gather evidence to show that the possibly at-fault party did not behave safely or responsibly.
To produce evidence for breach of duty, the lawyer can take the help of evidence such as traffic camera footage of speeding and blood test to prove the level of intoxication at the time of the accident. Your attorney could use various records, documents, and live testimonies to prove the breach of duty point in court. This element could be proved by lawyers by showing that the at-guilty party did not take any responsible precautions to safeguard the interests of others.
- Causation- Once the Montana wrongful death attorney can prove a breach of duty, there is more work to do to confirm negligence. Next to focus will be to show the guilty party’s fault of not adhering to duty of care which led to the loved one’s passing away. To show this fact, your attorney can submit the medical reports at the time of death by requesting the doctor to give a medical statement or even testify as a medical expert.
- Emotional Suffering and Financial Loss - Your emotional suffering caused due to the sad demise of your family member or loved one in an accident can be documented. Your attorney can also record your testimony to showcase your mental anguish and even monetary loss. The funeral expenses, medical bills, and various other invoices can be presented to the court. Once the attorney has submitted the correct pieces of evidence to connect the guilty party with the death of your loved one, they can prove the negligence angle.
Documents Paperwork as Evidence Proof
The evidence collected needs to be substantial to determine all four elements linked to negligence. Along with their investigators and evidence-collectors, lawyers can gather and check specific documents such as:
- Police reports
- Accident reports
- Security footage and traffic video via camera
- Photo evidence
- Witness testimony of experts
- Medical bill records
- Other related documents
Your lawyer will need as much evidence as possible to build a strong case and argument citing the at-fault party’s gross negligence that has caused a severe loss in your life. If the advocate is successful, he can win the case and you can claim the rightful compensation.
Determining The Compensation Amount
It is best to discuss with your lawyer the money to be received as a claim for the wrongful death, which can help you in many ways. If your attorney can prove negligence, you can plan your future course of action and get some monetary relief after the death of your loved one.
Compensation Amount Can Be Used For The Following:
- The medical bills of the deceased
- The cost of burial or cremation
- The sudden depletion of monetary assistance from the decedent
- The emotional and mental anguish suffered by you
- The permanent loss of companionship
During your discussions and lawyer consultation sessions, the lawyer will want to know more about the emotional stress and challenges, your financial loss, and total expenses incurred immediately after the accident. Such information can be used to ascertain what sort of damages you can receive.
Filing the Report of Wrongful Death Lawsuit on Time
Having a set of evidence doesn’t mean that you can file a case of wrongful death anytime you wish. Your hired attorney needs to file the lawsuit within a stipulated time frame. In the state of Montana, the length of time for wrongful death cases is said to be 3 years from the decedent’s date of passing away to file for a claim. There could be some exceptions, but a Montana court can also dismiss your case if it is filed after the deadline period.
If you miss the deadline, you cannot possibly get the conducive support you may need for coping with the trauma and payment of bills after losing your loved one. Acting quickly and approaching an experienced and reliable Montana wrongful death attorney can guide you toward filing a wrongful death case within the deadline. You may contact a trusted lawyer firm for a free lawyer consultation before hiring one.
