Some accidents are so serious that they take the life of one or more people. These are a special type of personal injury case, called a wrongful death and/or a “survival” action. In these times, that person’s loved ones are often overwhelmed. A good personal injury lawyer can help by taking on as many of the burdens and inconveniences as possible, allowing the family to focus on learning to move forward.
When a death is involved, many questions arise. For example, who will pay any medical bills that were incurred? What deadlines exist for suing the responsible party? Can the family be compensated for lost income?
When someone dies through another’s negligence and a lawsuit must be filed, the executor or “personal representative” or his or her estate would be the one to file it. Our law firm handles estates as well as other matters, and would set up the estate on the family’s behalf.
There are also legal issues involved in determining whether there is also a “survival action” available, in addition to a wrongful death action. This type of claim arises when the injured person survived for some amount of time – even if only for a very short period – before death.
When we assist with wrongful death cases, we will, among other things, get a complete copy of any police report or accident report, order copies of medical records and bills, and contact the insurance companies involved. As stated, this law firm can also handle all of the probate and estate issues.
When the family is ready to settle or sue, it is important to know how to place a value on the wrongful death and survival claims. Many factors go into this, including researching Montana verdicts in similar cases and calculating lost income, pain and suffering, loss of “consortium” (the care, companionship and affection that the deceased person provided), and other considerations. Insurance companies, even if they admit that their insured was at fault, will often make offers that are on the low end, to say the least. If a fair offer cannot be obtained, your personal injury lawyer will file a lawsuit on your behalf and, if necessary, try the case before a Montana jury.
For wrongful death and survival cases, we charge on a contingency fee basis. This means that, if we do not obtain a settlement or verdict in your favor, we do not receive a fee.