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Wrongful death cases
arise when an individual loses his/her life due to the negligence or recklessness of another individual(s). The proceedings of a wrongful death charge are separate from those of a criminal case. This implies that even if a defendant is acquitted for murder or manslaughter, s/he can be sued in a civil court by the victim’s representative for wrongful death.
Individuals eligible to make a wrongful death case on behalf of the deceased depend on the statute of limitations, which differs from state to state. In Montana, the people eligible to file a wrongful death lawsuit are the surviving spouse, children, siblings and parents of the deceased. To learn more about these wrongful death stipulations and statues, take the assistance of a reputed wrongful death lawyer. Solomon Neuhardt, a member of the Montana Trial Lawyers Association, is a widely-recognized name in wrongful death and personal injury law in Montana.
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Causes of Wrongful Death
Several cases come under the purview of a wrongful death charge. Vehicular accidents resulting in a loss of life is the most common grounds for a wrongful death claim. Medical malpractice is another prevalent cause for filing a wrongful death case. Such cases occur due to negligence by a medical professional, such as a physician, nurse or surgeon. A medical malpractice case can only be filed for a wrongful death claim when the death is a result of inferior or delayed treatment. Other legitimate grounds for a wrongful death claim are:
- Product liability: When an individual’s death occurs as result of consuming a product or using a service, the manufacturer/provider can be sued by the deceased’s family for wrongful death damages.
- Premise liability: When an individual dies in a third-party owned property, private or public, its owners may be sued for negligence or breach of care.
- Employer liability: When the death is a result of negligence on the organization’s part to provide adequate safety standards, the organization may be sued to pay wrongful death damages.
Stipulations for Claiming Wrongful Death Damages in Montana
To claim damages in a wrongful death case successfully, it is vital to file the suit as soon as possible. This is because all wrongful death cases are governed by a statute of limitations, which differs for each state. A statute of limitations is basically the duration within which the case has to be registered; wherein filing a claim after the expiry of this term is likely to result in cancellation of the claim. In Montana, this period is three years from the date of death.
Another important aspect of a wrongful death claim is that the size of the damages varies from case to case, which is dependant on the following common factors:
- The nature of the plaintiff’s relationship with the deceased
- The degree of dependency of the plaintiff on the deceased
- The expected lifespan of the deceased
- The estimated earnings and benefits of the deceased
To understand these and other wrongful death stipulations in Montana, hire a reputed attorney. A knowledgeable and experienced lawyer will not only help you to dispute your case successfully, but also ensure that you obtain maximum damages in support of your loss. Solomon Neuhardt is one of the most prominent wrongful death and personal injury attorneys in Montana.
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