A wrongful death claim is a way for family members or dependents to seek compensation for financial losses, emotional suffering, or other damages due to the loss of their loved one.
Working with an experienced wrongful death attorney is important to ensure responsible parties are held responsible–perhaps preventing another loss of life–and to provide financial stability to those affected by the loss.
Continue reading to see how the legal process for wrongful death works in Wyoming and Montana, as well as how to begin a claim of your own.
How to File a Wrongful Death Claim in 9 Steps
1. Check Eligibility & Statute of Limitations
Only certain people related to the deceased can file a claim, and although most states agree that a spouse, child, or parent is typically eligible, there are slight nuances.
Montana
In Montana, only a personal representative acting on behalf of surviving family members of the deceased person’s estate can file a claim. You have three years to file a wrongful death case from the date of the death. If deemed a homicide, this statute of limitations is extended to 10 years.
Wyoming
In Wyoming, like Montana, an individual is appointed to represent the beneficiaries in a wrongful death lawsuit; however, the court designates this person. The statute of limitations expires after just two years from the date of death.
2. Consult a Wrongful Death Attorney
A knowledgeable, experienced wrongful death lawyer is essential to maximizing the compensation one receives from the liable party. Here are the most compelling reasons:
- Your lawyer understands the legal complexities surrounding a wrongful death case;
- Your lawyer knows how to assess and establish liability;
- Your lawyer ensures compliance with state-specific laws and
- Your lawyer fights for compensation–negotiating with often stubborn insurance companies;
3. Investigate the Claim
The first step your attorney takes when taking on your wrongful death suit is to thoroughly investigate the claim. Namely, it’s vital to understand if the death was caused by negligence or intentional wrongdoing.
Standard investigatory practices include:
- Analyzing medical records–specifically to look for negligence or malpractice.
- Reviewing police reports to better understand the circumstances relating to the death and see whether the case is an accident or deemed criminal.
- Meet with witnesses to get statements and firsthand accounts of the incident.
- Consult with experts, such as forensic specialists and medical providers, to clarify complex evidence and establish causation.
4. Calculate Damages
When calculating damages, as they relate to your claim of wrongful death, the following is what’s most commonly considered:
Medical expenses, which include the cost of treatment and healthcare, if there were any provided prior to death.
Funeral and burial costs.
Lost income based on the deceased potential earnings and benefits.
Pain and suffering for the physical and emotional suffering of the deceased.
Loss of companionship, including claims for emotional losses–the absence of love, guidance, or consortium.
5. File Your Claim
When your attorney has gathered all the necessary evidence and documentation, they will file your claim. This begins with meticulously detailing the events that led to your loved one’s death. This includes allegations against the defendant and the financial damages being sought.
There are some differences in how to file a wrongful death claim in Montana and Wyoming. They are as follows:
Montana
The claim is usually filed in the district court of the county where the incident took place.
Montana’s flexibility in damage categories may allow for broader descriptions of damage due.
Wyoming
While Wyoming also requires claims to be filed in the county’s district court, there are nuances based on jurisdiction as related to the representative or beneficiaries.
Filing can take slightly longer in Wyoming due to their laws requiring the additional step of a court-appointed representative.
Wyoming court may emphasize clarity if beneficiary claims to make sure proper distribution of compensation takes place.
6. Pretrial Procedures
If a case is destined to go to trial, expect your lawyer to conduct pretrial procedures: depositions, interrogatory questions answered by each party, and document requests.
This process can differ slightly based on state laws in Montana and Wyoming.
Montana
Montana’s discovery rules allow for a wider range of evidence than Wyoming. As such, it can enable a more extensive evidentiary collection process.
Both Montana and Wyoming require disclosure of expert witnesses during discovery; however, Montana may be more lax in supplementing expert reports or testimonies to trial.
Wyoming
Wyoming may mandate mediation as the state is more encouraging of party dispute resolutions outside of the courtroom walls. Montana also encourages mediation, but may not require it by law.
7. Attempt to Settle
A settlement is often easier for loved ones, which is why attorneys attempt to settle the matter outside of a trial. This includes direct negotiations between attorneys or more formal mediation with an arbitrator.
The goal is to receive fair compensation without adding to the emotional strain of the plaintiff or other family members.
8. Go to Trial (If Necessary)
As mentioned, the goal is to make the entire process as stress-free and low-impact as possible for the beneficiaries. However, if the defendant or their attorneys fail to offer fair compensation, your case may end up in front of a judge.
9. Receive Compensation
A successful claim results in the party liable for your loved one’s death monetarily compensating you for damages.
With a contingency agreement, you will avoid paying upfront fees, and upon winning your case, a percentage of the compensation is awarded to the wrongful death law firm representing you.
If a case is lost, you only pay minimum fees associated with gathering evidence, such as document access or expert investigation. You do not pay legal counsel fees.
If you have specific questions about filing a wrongful death suit in Wyoming or Montana, please reach out to our team directly to discuss your case.
Book a Free Consultation with a Wrongful Death Attorney
Unsure of who can bring a wrongful death claim or whether or not you have a valid case you are entitled to be compensated for? If so, reach out to Stinson Law Group today to speak with an experienced trial lawyer about the circumstances.
Our lawyers compassionately listen and provide expert legal advice as your case relates to Montana and Wyoming statutes. To schedule a free case review, please reach out today to schedule a consultation.
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The Attorneys of Stinson Law Group practice personal injury, business, and criminal defense law statewide in both Wyoming and Montana. If you’ve been involved in an accident and need the best car accident lawyer, please contact us for a free consultation.