The Wrongful Death Statutes of Limitations in Montana
By Our Attorneys on December 13, 2016
If you have lost a member of your family due to the negligent or deliberately wrongful actions of someone else, then you are almost certainly experiencing a mix of emotions ranging from deep sadness to pure anguish right now. While you may be considering the possibility of taking legal action by filing a personal injury lawsuit, you may also be waiting until the confusion and chaos surrounding your loved one’s unexpected death subside a bit. At the law firm of Tipp Coburn Schandelson PC, our personal injury lawyers absolutely understand that this may not seem like the right time to weigh your legal rights and options; however, we must also urge you to understand that time is not on your side.
As with all civil claims, wrongful death claims in the state of Montana are governed by a time limit within which they must be filed, known as a statute of limitations. Wrongful death claims must be filed within these statutes of limitations by our Missoula, MT personal injury attorneys on behalf of our clients, or our clients permanently forfeit the right to seek compensation for their losses and expenses through the civil courts. While this may seem like an unfair concept to you - after all, you lost a beloved member of your family - it represents a vital tenet of our jurisprudence system.
Please feel free to read the following blog post about the wrongful death statute of limitations in the state of Montana and then contact our personal injury law firm today to arrange for an evaluation of your case.
What Is the Statute of Limitations on Wrongful Death Cases in Montana?
One of the things that make the United States justice system so unique and special is that it affords inalienable rights to everyone involved, including the right to be presumed innocent in a criminal trial until proven innocent. This concept extends to the civil court system, where people are considered not to be liable for damages until the plaintiff’s attorney is able to provide evidence showing that, beyond a reasonable doubt, they indeed did behave negligently and therefore are liable.
No one is expected to live with the continual threat of a lawsuit being threatened against him or her for an indeterminate amount of time. This is where the statute of limitations comes into play. In the state of Montana, the statute of limitations is three years after the death occurred. Therefore, a lawsuit cannot be filed three years and one day after the death, and so on. It must be filed within the statute of limitations. As long as it is filed within this three-year deadline, the actual proceedings can commence at any point thereafter.
Learn More about Wrongful Death Statutes of Limitations
To learn more about the wrongful death statutes of limitations in the state of Montana, or to arrange for an evaluation of your wrongful death case, please contact the law firm of Tipp Coburn Schandelson PC today.
Related to This
“Torrance represented me in a very complex breach of contract/wrongful termination case ... Extremely knowledgeable and professional. I can't recommend him highly enough.” David - actual client