Montana Wrongful Death Laws

The Montana Wrongful Death Statute can be found in Mont. Code Anno., § 27-1-513 (2010).  Pursuant to the Act, when injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent’s estate may maintain an action for damages against the person causing the death or, if the person is employed by another person who is responsible for the injury- causing person’s conduct, then also against that other responsible person[i].

In an action for the recovery of money or damages for personal injury or wrongful death, the amount thereof may not be stated in the claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim[ii].  In every action under 27-1-513, such damages may be given under all the circumstances of the case as may be just[iii].

In the case of an action by a parent or guardian for injury to a child or ward, either parent may maintain an action for the injury to a minor child or a guardian for injury to a ward when the injury is caused by the wrongful act or neglect of another. The action may be maintained against the person causing the injury or, if the person is employed by another person who is responsible for the injury-causing person’s conduct, also against that other responsible person[iv].

When an action is filed in the district court to recover damages for personal injury or wrongful death, the parties against whom the action is brought may at any time request a statement setting forth the nature and amount of damages being sought.  The request shall be filed and served upon the claimant, who shall file and serve a response statement as to damages within 15 days thereafter.  In the event that a response is not served, the party, on notice to the claimant, may petition the court in which the action is pending to order the claimant to serve a response[v].

[i] Mont. Code Anno., § 27-1-513 (2010)

[ii] Mont. Code Anno., § 25-4-311 (2010)

[iii]Mont. Code Anno., § 27-1-323 (2010)

[iv] Mont. Code Anno., § 27-1-512 (2010)

[v] Mont. Code Anno., § 25-4-312 (2010)


Inside Montana Wrongful Death Laws