If you have lost a loved one due to someone else’s negligence in Montana, understanding your legal rights is a critical first step toward justice. This guide covers Montana’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Montana’s economy – heavy in commercial trucking, agriculture, railroads, and industrial work – creates wrongful death circumstances that often involve large corporate defendants. Montana imposes no caps on general wrongful death damages. However, medical malpractice wrongful death claims are subject to a non-economic damages cap under Montana Code § 25-9-411, as amended by HB 195 (2025): $300,000 for claims filed in 2025, increasing by $50,000 annually to $500,000 in 2029, then by 2% per year thereafter.
Montana Wrongful Death Laws
The Montana Wrongful Death Statute
Montana’s wrongful death law is governed by Montana Code § 27-1-513. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Montana imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Montana allows recovery for pecuniary loss, loss of support, loss of companionship, and funeral expenses. For general wrongful death claims, there are no caps on damages. Medical malpractice wrongful death claims are subject to a non-economic damages cap under Montana Code § 25-9-411 (as amended by HB 195, 2025): $300,000 for claims filed in 2025, rising by $50,000 per year to $500,000 in 2029, then adjusting by 2% annually thereafter. Economic damages remain uncapped in medical malpractice cases.
Survival Action
Montana maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Montana
1. Hoyt & Blewett PLLC
Location: Great Falls, MT (Serving statewide)
Phone: (406) 761-1960
Website: https://hoytblewett.com
Arguably Montana’s most prestigious trial firm. Because Montana has no caps on general wrongful death damages, they leverage their immense resources to take on the biggest defendants – railroads, major trucking companies, and massive insurance corporations. They are experts at navigating the probate courts to appoint a Personal Representative and aggressively pursuing both wrongful death and survival actions for maximum recovery.
2. Odegaard Injury Lawyers
Location: Billings, Helena, Butte, MT
Phone: (406) 222-2222
Website: https://odegaardlaw.com
With over 100 years of combined experience, this firm dominates in fatal workplace accidents, oil rig explosions, and commercial truck crashes. They employ top-tier economists and accident reconstructionists to build airtight, high-value claims that reflect the true financial devastation the family has suffered.
3. McGarvey Law
Location: Kalispell, MT
Phone: (406) 552-4161
Website: https://mcgarveylaw.com
McGarvey Law holds a unique and powerful position in Montana for toxic torts, environmental exposure, and heavy industry deaths – including the historic Libby asbestos cases. They are elite at proving complex causation in wrongful death suits and meticulously manage both the survival action and the wrongful death claim to maximize total recovery.
Frequently Asked Questions
Are there caps on damages in Montana?
For general wrongful death claims – car accidents, industrial deaths, trucking crashes, premises liability – Montana imposes no caps on damages. For medical malpractice wrongful death claims, Montana caps non-economic damages under Montana Code § 25-9-411 (as amended by HB 195, effective 2025): $300,000 in 2025, increasing by $50,000 per year to $500,000 in 2029, then 2% annual increases thereafter. Economic damages are uncapped in all cases.
Who must file the wrongful death lawsuit in Montana?
The Personal Representative of the estate must file. Prompt probate appointment is needed before the lawsuit can be initiated.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Montana’s no caps framework for general wrongful death claims and 3-year filing window provide families with strong legal tools to pursue full compensation. The firms listed above have the resources to take on the largest corporate defendants in the state. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.