Montana Wrongful Death Damages Calculator

In Montana the personal representative of the estate brings the wrongful death action for the heirs. There is no cap outside health care malpractice, where the cap was raised in 2025 and now rises each year.

Cited to MCA 27-1-513 FigureMyTax Editorial Team Free · no sign-up

Estimate the wrongful death claim

Enter economic losses, pick a noneconomic severity level, the type of defendant, and the fault split.

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A personal representative brings the action

Under MCA 27-1-513, when injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may maintain the action. Family members do not sue in their own names. The deadline is three years from the date of death.

There is no cap outside health care malpractice. In a malpractice claim, the amended MCA 25-9-411 limits noneconomic damages and expressly treats a person bringing a wrongful death action as a claimant. Punitive damages are limited to the lesser of $10 million or 3% of the defendant's net worth.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Montana statutes. Confirm how these rules apply to your specific case with a licensed Montana attorney.