Personal Injury

Wrongful Death Attorney, Montana

No claim can replace someone you love. But accountability and financial security can ease the burden, and honor their memory.

Written & reviewed by

Misty Gaubatz & Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Misty GaubatzLast reviewed: June 19, 2026

Losing someone you love because of another person's carelessness is a pain that no legal claim can undo. We know that. What a wrongful-death case cando is provide accountability, ease the financial weight your family was never supposed to carry, and ensure your loved one's life is not treated as inconsequential. We handle these cases the way they deserve to be handled, with genuine compassion and unwavering resolve.

What a Wrongful Death Claim Provides

Under MCA § 27-1-513, Montana law allows a family to recover when a loved one dies as a result of another's negligence or wrongful act, whether in a vehicle crash, on a dangerous property, or through other misconduct. The claim is meant to compensate the survivors for the very real losses a death imposes on a family.

Wrongful Death and Survival Claims

Two related claims are often pursued together:

Wrongful death (§ 27-1-513) compensates the family for losses such as lost support and the loss of companionship and guidance.
Survival action (§ 27-1-501) compensates for what the deceased personally suffered between injury and death, including pain and medical expenses.

Who Brings the Claim

In Montana, a wrongful-death action is brought by the personal representativeof the estate on behalf of the surviving heirs. If your family hasn't yet had a personal representative appointed, that's an early step we can help you navigate, so the claim can proceed properly.

The Damages the Law Recognizes

No amount truly compensates for a life. Still, Montana law recognizes meaningful categories of loss: the deceased's financial support and services, the loss of their society, comfort, and companionship, the family's grief and mental anguish, and funeral and burial costs. We document these losses with care and present them with the dignity your loved one is owed.

How We Walk With Your Family

Pursuing a claim is the last thing a grieving family wants to think about, so we carry that burden for you. We handle the investigation, the deadlines, and the negotiation or litigation, and we keep the process as gentle as the circumstances allow. There's no fee unless we recover, and there's never any pressure. When you're ready, we're here.

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FAQ

Frequently Asked Questions

What is a wrongful death claim?

It's a civil claim brought when a person dies because of another party's negligence or wrongful act, a car or truck crash, a dangerous property condition, or other misconduct. Montana's wrongful-death statute (MCA § 27-1-513) allows recovery for the losses suffered by the surviving family members.

Who can bring a wrongful death case in Montana?

In Montana, the wrongful-death action is brought by the personal representative of the deceased person's estate, on behalf of the surviving heirs. If no personal representative has been appointed, that's one of the first steps, and we can guide your family through it.

What's the difference between a wrongful death and a survival claim?

A wrongful-death claim compensates the family for their losses, such as lost financial support and the loss of the deceased's care and companionship. A survival action (under § 27-1-501) compensates for the harms the deceased person themselves endured between the injury and death, such as pain and medical expenses. The two are often pursued together.

What damages are available?

Montana wrongful-death damages can include the loss of the deceased's financial support and services, the loss of their society, comfort, and companionship, the survivors' grief and mental anguish, and funeral and burial expenses. A survival claim can add the deceased's own pre-death pain and expenses.

How long do we have to file?

Generally three years (MCA § 27-2-204), though the specific timing can depend on the circumstances. We understand that pursuing a claim is the last thing on a grieving family's mind, which is why we handle the legal process so you can focus on healing, but it's important not to let the deadline pass.

We're Here When You're Ready

There's no pressure and no fee unless we recover. Call 406-830-3060 for a compassionate, confidential conversation.

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