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What is wrongful death defined as in Montana?

In Montana, a wrongful death is strictly defined by the Montana Code. These legal codes are used in the courts to prove that the event has taken place and falls within the traditional definition of the action.

The action for wrongful death is listed as code 27-1-513. A wrongful death is defined as being when the injuries to and death of one person is caused by the wrongful act or neglect of another person. In cases where that happens, the personal representative of the deceased's estate may request an action for damages against the person who caused the death.

So, if a truck driver falls asleep at the wheel and crashes into a passenger car, killing the people inside, then the representative of the estate -- this may be a mother, father, sister, brother or other party -- may seek damages against the driver. Additionally, if the driver has been working under a company, then the company may also be held liable for the accident. So, in some cases, there are multiple people who could have to answer for the accident.

Take for instance a case where an employee hits someone with a car while driving a company vehicle. There could be three parties responsible including the employee, the employee's company and the vehicle's manufacturer if defects in the car's parts played a role in the accident.

If you've been involved in an accident with a wrongful death, then you need to understand what you can do to seek compensation for the loss of your loved one. You may be entitled to compensation for the loss of consortium or lost wages.

Source: Montana State, "Montana Code Annotated 2014" Dec. 25, 2014

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