Missoula Wrongful Death Lawyer

What Is a Wrongful Death?

A wrongful death occurs when one person passes away due to the reckless or negligent actions of a specific party. These deaths occur due to various reasons, including negligence-based incidents (like car accidents), medical malpractice, or intentional acts (including crimes).

For example, if a person dies due to a car accident caused by another driver’s negligence, the deceased person’s family could file a wrongful death lawsuit against the negligent driver.

In short, if it weren’t for their wrongful act or negligence, then your loved one would still be alive. These negligent parties can include:

• An individual
• A company
• A government agency

Depending on the nature of the death, the time limit to file a claim is three years. However, if the person’s death was the result of a homicide, then that time frame is extended to 10 years.

What Actions Can Cause a Wrongful Death?

When it comes to wrongful death claims, several scenarios lead to these unfortunate deaths, such as:

• Car, truck, or motorcycle accidents: Whether it is a distracted driver texting, a reckless SUV weaving through traffic, or a truck driver failing to adhere to safety regulations, these actions can lead to devastating accidents and, in the worst cases, wrongful deaths.
• Medical malpractice: Medical professionals’ negligence or error can shatter the trust that patients have in them. Unfortunately, a surgeon making a critical mistake during an operation, a doctor misdiagnosing a serious illness, or a pharmacist dispensing the wrong medication can lead to the unthinkable.
• Workplace injuries: The construction, mining, or manufacturing industries are dangerous. A workplace lacking proper safety measures, faulty equipment, or inadequate training could result in serious accidents and potentially wrongful deaths.
• Premises liability: Property owners are legally obligated to ensure their properties are safe for visitors. However, a slippery floor, a poorly lit stairwell, or a malfunctioning elevator can still occur and cause a fatal accident.
• Product failures: Everyday items we use, such as our cars, kitchen appliances, or smartphones, can malfunction due to design flaws or manufacturing defects. Sometimes, these malfunctions can lead to catastrophic accidents, turning everyday items into lethal hazards.
• Criminal acts: Intentional acts of violence can tragically cut lives short. These heinous acts, whether they stem from personal disputes or criminal activities, can lead to wrongful deaths.

Any of these situations can lead to a wrongful death. When you have lost a loved one, you want to seek justice and compensation for these negligent and reckless actions. Losing someone is difficult.

If that loss occurs because of someone else, you need to reach out to a Missoula wrongful death lawyer.

Who Can File a Wrongful Death Lawsuit?

When a person dies as a result of the wrongful act of another person, the deceased person’s estate can file a wrongful death lawsuit In Montana. The estate’s personal representative can be a spouse, parent, child, or legal guardian (in some situations).

When it comes to compensation for the loss of a loved one, the legal system recognizes that the family members left behind are not only mourning the loss of their loved one but also experiencing a substantial financial impact.

For that reason, two types of damages may be awarded in a wrongful death case: economic and noneconomic damages.

Economic damages are the financial losses suffered by the family members due to the death of their loved one. These examples may include:

• Medical expenses are for the medical care that the deceased received prior to their death as a result of the defendant’s negligence. Many times, this can include hospital bills, doctor fees, medication costs, and other related expenses.
• Funeral expenses are the costs associated with the burial and funeral of the deceased, such as the cost of the casket, funeral service, burial plot, and other related expenses.
• Loss of future income is the earnings that the deceased would have made in the future had they lived. Generally, this is calculated using their salary, bonuses, and other employment benefits.

Noneconomic damages compensate the family for the intangible losses they have suffered. These damages are awarded in recognition of the emotional pain and suffering experienced by the family due to the loss of their loved one.

Some examples of these damages include:

• Pain and suffering are the emotional distress experienced by the deceased from the time of the incident until their death as a result of the defendant’s negligence or intentional actions.
• Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by the defendant.
• Loss of instruction is the guidance that the deceased would have provided to their surviving children.

How a Missoula Wrongful Death Lawyer Can Help

Losing a loved one due to someone else’s negligence can be an emotionally devastating experience. A Missoula wrongful death lawyer can assist in a variety of ways.

The legal system can be a complex maze, but an attorney can help you navigate through these complicated legal procedures and terminologies. They can explain the legal options available so you can make the best decisions for your family.

An attorney will uncover the facts of the case. They gather evidence, interview witnesses, and consult experts to build a strong case.

Since losing a loved one is emotionally challenging, you don’t want any more burdens or stressful situations. A lawyer can take care of all the paperwork, court filings, and negotiations, allowing you to focus on healing and remembering your loved one in peace.

Your wrongful death lawyer is a skilled negotiator. They ensure that the settlement covers medical bills, funeral expenses, loss of income, and other damages. Additionally, allow these professionals to deal with insurance companies and other parties involved in the case.

If the case goes to trial, the attorney advocates for your rights in court. They can argue your case before a judge and jury and present compelling evidence to support your claim.

Most importantly, a Missoula wrongful death lawyer can help you obtain the compensation you deserve and ensure the responsible party is held accountable for their actions.

Find Out How Western Justice Associates, PLLC Can Assist with Your Case

The actions of others can make significant impacts on our lives. In some cases, negligence can factor into a person’s death. If you are struggling with the realities of losing a loved one to these reckless parties, there are legal options.

You need a Missoula wrongful death lawyer to help alleviate some of the stress of these events.

At Western Justice Associates, PLLC, we understand the painful process of filing a wrongful death claim. Let us help you discover your legal options and choose the best path forward for your family.

Contact our office to schedule a consultation.