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.