Claudia Riveron Verdecia v. T-T Contracting, LLC, et al.

Great Falls, Montana personal injury lawyers represented the Plaintiff on an auto negligence wrongful death claim.





In Montana, a wrongful death lawsuit in a car accident case can be filed by the deceased's personal representative if the death was caused by another's negligence or wrongful act. This civil action seeks compensation for the surviving family members' losses, such as loss of financial support, companionship, and funeral expenses. To succeed, the plaintiff must prove the other driver's negligence caused the death, and that they suffered damages as a result.

Here's a more detailed breakdown:

1. What is Wrongful Death in Montana?



Montana law defines wrongful death as injuries to and the death of one person caused by the wrongful act or neglect of another.



This typically involves negligence, recklessness, or intentional misconduct by another party.

In the context of car accidents, it means proving the other driver's actions were negligent and led to the death of the victim.



2. Who can file the lawsuit?



Montana law specifies that the personal representative of the deceased's estate must file the wrongful death lawsuit.

If the deceased was a minor, either parent (or both) can file, or the legal guardian.



3. What needs to be proven?



Duty of Care: The negligent party owed the deceased a duty to act reasonably and safely (e.g., a driver has a duty to obey traffic laws).

Breach of Duty: The negligent party failed to uphold that duty of care (e.g., speeding, running a red light).

Causation: The breach of duty directly caused the death of the victim.

Damages: The surviving family members suffered losses as a result of the death.



4. What damages are recoverable?



Economic Damages:

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This includes funeral and burial expenses, medical expenses incurred by the deceased before death, lost wages, and loss of future earning capacity.

Non-Economic Damages:

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This includes compensation for loss of companionship, guidance, comfort, and emotional distress.



5. Statute of Limitations:



Generally, a wrongful death claim in Montana must be filed within three years from the date of death.

In cases of homicide, the statute of limitations is extended to 10 years.



6. Comparative Negligence:



Montana follows a modified comparative negligence rule.

If the deceased was partially at fault for the accident, damages may still be recovered as long as the deceased's fault was not greater than 50%.

The damages awarded will be reduced proportionally to the deceased's percentage of fault.



7. Key Considerations:



Wrongful death claims can be complex, and proving negligence can be challenging.

Seeking legal counsel from an experienced Montana wrongful death attorney is highly recommended.



Wrongful Death Attorney in Missoula, MT - Heenan & Cook

Defining Wrongful Death Claims in Montana. Wrongful death is defined by Montana state law as death caused by another's negligence ...

Heenan & Cook



Filing a Wrongful Death Lawsuit After a Car Accident in Montana



Wrongful Death Lawsuits in Montana Montana's law allows some surviving family members to bring a wrongful death lawsuit against the tortfeasor.

07/10/2025 29 Stipulated Motion of Dismissal With Prejudice. Anders Blewett, IV appearing for Plaintiff Claudia Riveron Verdecia. (Blewett, Anders) (Entered: 07/10/2025)

07/10/2025 30 ORDER DISMISSING CASE. Upon the 29 Stipulation for Dismissal with Prejudice and with good cause shown, IT IS HEREBY ORDERED that this case is dismissed with prejudice, each party will bear their own fees and costs. Signed by Magistrate Judge John Johnston on 7/10/2025. (ACC) (Entered: 07/10/2025)