Who Can File a Wrongful Death Claim in Montana
Montana requires the personal representative of the estate to bring the action. Family members share in the recovery but do not file separately.
The personal representative files
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 for damages against the person causing the death, and also against an employer responsible for that person's conduct.
Who the personal representative is
The personal representative is usually named in the will or appointed by a district court when there is no will. Montana differs from most states in that individual family members cannot file the wrongful death suit themselves.
Who receives the money
The recovery goes to the surviving family members. Summaries describe spouses, children and, for a deceased minor, parents as the usual recipients, and note that more complicated family structures can require court direction.
Survival claim alongside
The personal representative also brings a survival claim for the pain and suffering the deceased experienced and the medical expenses of the final injury. Montana summaries state that the two claims are brought together.
Malpractice deaths
In a malpractice claim, the amended cap in MCA 25-9-411 treats a person bringing a wrongful death action as a claimant, and the claimants share a single limit.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.