Losing someone you love is devastating. When that loss happens because of a careless driver, a reckless employer, a medical mistake, or some other form of negligence, the grief is compounded by knowing your loss should never have happened.
A Billings wrongful death lawyer at Yellowstone Law can help your family pursue accountability, damages for your suffering, the financial security your loved one would have provided, and more.
Compassion is in our DNA. The desire to help others through their darkest times is what drives us. Your maximum compensation and complete satisfaction with our services are our goals.
We know you are hurting. We know that legal matters may feel impossible to think about right now. Let us take on your fight so you can focus on your family, honor your loved one’s memory, and pick up the pieces for a better tomorrow.
THE LEGAL HELP YOU NEED
TO MOVE FORWARD
- Turn The Tide On Your Personal Injury
- Get Full Compensation For Your Medical Bill
- Protection From Insurance Company Tricks
Table of contents
- Why Do Billings Families Trust Yellowstone Law After a Wrongful Death?
- Who Can File a Wrongful Death Lawsuit in Montana?
- Does Montana Require Filing Both Wrongful Death and Survivorship Claims?
- What Compensation Can Your Family Recover?
- How Long Do You Have to File a Wrongful Death Claim in Montana?
- What Types of Accidents Lead to Wrongful Death Claims?
- How Does a Billings Wrongful Death Lawyer Prove Liability?
- What Should Your Family Do After Losing a Loved One?
- Questions Families Ask About Wrongful Death Claims in Montana
- Your Family Doesn't Have to Face This Alone. Call for a Free Consultation
Why Do Billings Families Trust Yellowstone Law After a Wrongful Death?
When you've lost someone because of someone else’s carelessness, choosing a lawyer can feel like one more impossible decision. We understand. Here's why families in Billings and across Montana have trusted us with their wrongful death claims.
More Than $150 Million Recovered for Montana Families
Results matter when your family's financial future is at stake. Yellowstone Law has recovered more than $150 million in verdicts and settlements for injured clients and grieving families across Montana. Insurance companies know we prepare every case for trial, and they respond accordingly.
81 Years of Combined Legal Experience
Our personal injury attorneys have spent decades handling wrongful death and personal injury cases in Montana. We know the law. We know the courts. We know how to build cases that hold negligent parties accountable in Yellowstone County and throughout the state.
Your Neighbors, Not a National Firm
Our office is on Grand Avenue in downtown Billings. We're not handling your case from across the country. We live here. Our clients come from the Heights, the West End, Lockwood, and communities throughout Eastern Montana. When you need us, we're here.
No Fee Unless We Recover Compensation for You
We handle wrongful death cases on a contingency fee basis. You pay nothing out of pocket, and we only collect a fee if we win your case. Grieving families shouldn't have to worry about legal bills on top of everything else.
Who Can File a Wrongful Death Lawsuit in Montana?
Under Montana Code Annotated § 27-1-513, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. Individual family members cannot file on their own, even if they are the primary beneficiaries.
If your loved one had a will, the named executor typically serves as personal representative. If there was no will, someone—usually a surviving spouse or adult child—must petition the court for appointment. This often means opening a probate case.
Montana law sets a strict priority for who receives compensation: the surviving spouse and children come first. If there is no spouse or children, parents may recover. Siblings and other relatives follow after that.
These procedural requirements can consume you and overwhelm you when you're grieving. Your Billings wrongful death attorney at Yellowstone Law will guide your case through every step and keep you fully informed along the way.
Does Montana Require Filing Both Wrongful Death and Survivorship Claims?
Yes. Montana is one of the states that requires wrongful death and survivorship claims to be filed together in a single lawsuit. This is a critical requirement that many families and even some attorneys don't know about.
- A wrongful death claim compensates your family for what you've lost: the income, the support, the companionship your loved one would have provided.
- A survivorship claim compensates the estate for what your loved one suffered between the moment of injury and death, including their pain, their medical bills, and their lost wages or income during that period.
If you file one claim without the other, you will lose that compensation. Montana courts will not allow a second lawsuit for claims that should have been included the first time. This could cause you to lose a substantial part of the recovery you would otherwise have a right to claim. It’s also why working with an attorney who knows Montana law matters so much.
What Compensation Can Your Family Recover?
A wrongful death claim in Montana can recover both economic damages (financial losses) and non-economic damages (the human cost of losing someone you love).
Economic Damages
These are the measurable financial losses your family has suffered:
- Lost income and future earnings that your loved one would have provided
- Lost benefits (health insurance, retirement contributions, pension)
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of household services your loved one provided
Montana does not cap economic damages in wrongful death cases. Your family can pursue the full value of your financial losses.
Non-Economic Damages
These compensate for losses that can't be measured with receipts:
- Loss of love, companionship, and consortium
- Loss of parental guidance and nurturing for children
- Mental anguish, grief, and sorrow
- Loss of enjoyment of life
Montana generally does not cap non-economic damages in wrongful death cases, though medical malpractice cases have specific limits. Your Billings wrongful death lawyer can explain how these rules apply to your family's situation.
How Long Do You Have to File a Wrongful Death Claim in Montana?
Montana’s wrongful death statute of limitations (Montana Code Annotated § 27-2-204) generally allows you three years from the date of death to file a wrongful death lawsuit. If the death resulted from a criminal homicide, the deadline extends to ten years.
Three years may feel like plenty of time, especially when grief makes it hard to think about legal matters. But opening an estate, gathering evidence, identifying responsible parties, and preparing both wrongful death and survivorship claims takes longer than most families expect.
Evidence fades. Witnesses move away. Records get harder to obtain. Starting the process doesn't mean you have to make decisions right now. It means protecting your family's options.
What Types of Accidents Lead to Wrongful Death Claims?
Wrongful death claims can arise from any fatal accident caused by someone else's negligence. In the Billings area and throughout Montana, we see families lose loved ones to:
- Fatal car accidents on I-90, US-87, and Montana highways
- Fatal truck accidents involving commercial vehicles and semis
- Workplace fatalities in oil fields, construction sites, and industrial facilities
- Medical malpractice, including surgical errors, misdiagnosis, and medication mistakes
- Nursing home neglect and abuse of elderly residents
- Motorcycle accidents caused by negligent drivers
- Pedestrian and bicycle accidents caused by distracted or impatient motorists
No matter how your loved one died, the same legal rules apply. A Montana wrongful death attorney can investigate what happened and identify who should be held accountable while providing legal help for loved ones during this difficult time.
How Does a Billings Wrongful Death Lawyer Prove Liability?
To succeed in a wrongful death claim, your attorney must prove that someone else's negligence caused your loved one's death. This requires gathering evidence, working with experts, and building a clear narrative of what happened.
At Yellowstone Law, we begin with a thorough investigation. We obtain police reports, medical records, employment records, and any other documents that shed light on the circumstances of the death. We visit accident scenes. We interview witnesses. We work with accident reconstruction experts, medical professionals, and economists who can testify about the full scope of your family's losses.
We also identify all potentially responsible parties. In a fatal truck accident, for example, liability might extend beyond the driver to the trucking company, the cargo loader, or the vehicle manufacturer. In a workplace fatality, multiple contractors or equipment suppliers might share responsibility.
Identifying every liable party is critical to recovering full compensation for your family. Insurance companies will fight hard to minimize their exposure. We fight harder.
What Should Your Family Do After Losing a Loved One?
If you've lost someone due to another person's negligence, your first priority is taking care of yourself and your family. Grief doesn't follow a timeline, and there's no right way to mourn. But when you're ready, certain steps can help protect your ability to pursue a claim.
- Contact a wrongful death attorney. Before speaking with insurance companies, employers, or anyone else involved in the accident, talk to a lawyer. Anything you say can be used to minimize your family's claim. An attorney protects your interests from the start.
- Preserve evidence. Keep any documents related to the accident: police reports, medical records, correspondence from insurance companies, photos, and witness contact information. Don't discard anything that might be relevant.
- Avoid signing anything from insurance companies. Insurers may try to get you to accept a quick personal injury settlement or sign documents that limit your rights. These early offers rarely reflect the true value of your claim. Let your attorney handle these communications.
- Take care of your mental health. Grief is profound. There's no right way to mourn, and seeking support—whether from family, friends, or a counselor—is not a sign of weakness. Your well-being matters.
Your attorney can guide you through the legal process while you focus on your family’s needs, your healing, and your peace of mind.
Questions Families Ask About Wrongful Death Claims in Montana
How much does a wrongful death lawyer cost in Billings?
At Yellowstone Law, we handle wrongful death cases on contingency. You pay nothing up front and owe no attorney fees unless we recover compensation for your family. We also advance the costs of investigation, expert witnesses, and court filings.
How long does a wrongful death lawsuit take in Montana?
Most wrongful death cases resolve within one to three years, depending on the complexity of the case and whether it goes to trial. Cases involving multiple defendants, disputed liability, or significant damages may take longer. We keep you informed throughout the process.
Can multiple family members share in a wrongful death recovery?
Yes. While only one lawsuit can be filed (by the personal representative), the compensation is divided among eligible family members based on their individual losses. A surviving spouse and children typically have first priority. The court oversees the distribution to ensure fairness.
What if my loved one was partially at fault for the accident?
Montana follows a comparative negligence rule. If your loved one was 50% or less at fault, your family can still recover compensation, though the amount is reduced by their percentage of fault. If they were more than 50% at fault, Montana law bars recovery. We can assess how this might apply to your case and fight any attempts to unfairly fault your loved one for the accident.
Do I have to go to court for a wrongful death claim?
Most wrongful death cases settle before trial. However, we prepare every case as if it will go to court. If the insurance company won't offer fair compensation, we're ready to take your case to trial in the 13th Judicial District Court in Billings or wherever your case belongs.
What happens to my loved one's debts after they die?
This is an important distinction. Wrongful death damages go directly to surviving family members and are generally not subject to the deceased's debts. Survivorship damages become part of the estate and may be subject to creditor claims. Your attorney can explain how this affects your specific situation.
Your Family Doesn't Have to Face This Alone. Call for a Free Consultation
Our wrongful death lawyers in Billings have worked with families who are trying to come to terms with a world forever changed by someone else’s negligence.
We've listened to spouses describe the partner they'll never see again. We've helped parents find a path forward after losing a child. These cases stay with you and change you as a person and as a lawyer.
At Yellowstone Law, we fight for families because we believe that when someone's negligence takes a life, there must be accountability. Pursuing a claim isn't about greed—it's about justice, your family's financial future, and about helping to prevent this from happening to someone else. Call us or contact us online today for a free consultation. We're here when you're ready to take the first step.