State file: Montana

Wrongful Death Attorneys in Montana: Your Complete Legal Guide

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3 years General deadline in the table of this guide. The same row names another period for some deaths: read it before relying on this number.

Montana allows three years to bring a wrongful death action, and ten years when the death was the result of a homicide. The personal representative of the estate brings the case, and the wrongful death claim and the person’s own surviving claim must be combined in one lawsuit, with each element of damages recovered only once. Claims against the State or a local government go to the government first and are limited to $750,000 per claim. In medical malpractice cases, the noneconomic damages limit is $350,000 for 2026 and rises on a schedule set by statute.

Montana Wrongful Death at a Glance

Question Montana answer
Who files? The personal representative of the estate (Mont. Code 27-1-513)
Damages Such damages "as under all the circumstances of the case may be just" (27-1-323)
Survival claim Must be combined with the wrongful death action in one lawsuit; each element of damages recovered once (27-1-501)
Deadline Three years; ten years if the death resulted from a homicide (27-2-204(2))
Government Written claim first; liability limited to $750,000 per claim and $1.5 million per occurrence (2-9-108, 2-9-301)
Medical malpractice Noneconomic damages limited to $350,000 from January 1, 2026, increasing each year (25-9-411)
Fault Recovery if the claimant's negligence is not greater than the defendants'; reduced by that share (27-1-702)

Who Brings the Case

“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 an action for damages against the person causing the death or, if the person is employed by another person who is responsible for the causing person’s conduct, then also against the other responsible person” (Mont. Code 27-1-513).

The court or jury may award “such damages … as under all the circumstances of the case may be just” (27-1-323). The statutes reviewed for this guide do not list which family members share in the recovery or how it is divided; those rules come from other provisions and court decisions this guide did not review.

One Lawsuit for Both Claims

A cause of action does not end with the death of the person who held it; it survives and may be brought by the person’s representatives (27-1-501(1)). Montana then requires the two claims to travel together: “Actions brought under 27-1-513 and this section must be combined in one legal action, and any element of damages may be recovered only once” (27-1-501(2)).

The Deadline

The period for an action “to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years” (27-2-204(2)). The version of section 27-2-204 that took effect on October 1, 2026, keeps the same wording for wrongful death.

Claims Against the State and Local Governments

Presenting the claim. Claims against the State must be presented in writing to the Department of Administration, and no complaint may be filed in district court until the department has finally denied the claim. If the department does not decide within 120 days, the claim is considered denied, and the statute of limitations is tolled for 120 days once the department receives the claim. Claims against a political subdivision are presented to and filed with its clerk or secretary (2-9-301).

Limits. The State, a county, a municipality, a taxing district or another political subdivision is not liable for damages caused by its officers, agents or employees “in excess of $750,000 for each claim and $1.5 million for each occurrence” (2-9-108(1)).

Medical Malpractice

For a malpractice claim against health care providers based on a single incident, noneconomic damages may not exceed the statutory limit. The statute’s schedule sets that limit at “$350,000, effective January 1, 2026,” then $400,000 on January 1, 2027, $450,000 on January 1, 2028, and $500,000 on January 1, 2029, with 2 percent annual increases starting January 1, 2030 (25-9-411(1)(c)).

The limit that applies is the one in effect on the date the claimant first files a claim with the Montana Medical Legal Panel (25-9-411(1)(d)). The statute defines a claimant to include “a person bringing a wrongful death action,” and defines noneconomic loss to include “loss of society, companionship, and consortium, other than household services.”

How Fault Affects the Claim

“Contributory negligence does not bar recovery in an action by a person or the person’s legal representative to recover damages for negligence resulting in death … if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought,” and damages are reduced in proportion to the negligence of the person recovering (27-1-702).

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Montana

1. Hoyt & Blewett PLLC

Arguably Montana’s most prestigious trial firm. 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

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

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

Can the family file the wrongful death case and the survival case separately?

No. Montana requires the wrongful death action and the survival action to be combined in one legal action, and any element of damages may be recovered only once.

How long does a family have if the death was a homicide?

Ten years, instead of the three years that apply to other wrongful death actions.

Which medical malpractice limit applies to a 2026 claim?

The limit in effect on the date the claim is first filed with the Montana Medical Legal Panel. For a claim first filed in 2026, the statute’s schedule sets $350,000.

Can the employer of the person who caused the death be sued?

The statute allows the action against the person causing the death and also against an employer who is responsible for that person’s conduct.

Sources and Last Review

Montana Code Annotated sections 2-9-108, 2-9-301, 25-9-411, 27-1-323, 27-1-501, 27-1-513, 27-1-702 and 27-2-204 (2025 edition). Official text: MCA 27-1-513. Legal information reviewed October 2026. This page is general information about Montana law, not legal advice about a specific death.