Solomon Neuhardt, Neuhardt Law Firm, Billings, MT
Neuhardt Law Firm, P.C.

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Ans: Q: If a wrongful death occurs, can a wrongful death case always be filed in court?

Answers To Legal Questions about Personal Injury, Wrongful Death, and Car Accidents


Below are some initial questions many clients have when they first contact Neuhardt Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Q: If a wrongful death occurs, can a wrongful death case always be filed in court

A: No. A wrongful death case is only allowed by statute and the terms or requirements set forth in the statute must be strictly met. a wrongful death case may only be pursued if there are certain beneficiaries (or survivors) designated in the statute. In Montana the wrongful death case can only proceed if there is a surviving spouse or surviving children. If the deceased was not married and had no children, then a wrongful death case may be pursued by a surviving parent or sibling, but only if the parent or sibling was financially dependent on the deceased at the time of death. However, in the case of a wrongful death of a minor child (under age 18), a surviving parent may bring a wrongful death case without showing financial dependence.



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Neuhardt Law Firm, P.C.
2602 1st Avenue North, Suite 325
P.O. Box 2275
Billings, Montana 59103

Phone: 406-294-9540
Fax: 406-656-3044
Toll Free: 888-820-3346
E-mail:
info@mtaccidentattorney.com

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