Wrongful Death

Wrongful death law is based on negligence. Although all deaths are tragic, not all are the direct or indirect result of another’s actions. A wrongful death lawsuit will hinge on proving full or partial fault.

In almost all cases, the manner of death is determined by the civil authorities who issue a death certificate. However, who is at fault is usually much harder to determine. A wrongful death attorney will look closely at the circumstances surrounding the death to see what evidence is available and whether or not someone other than the deceased was partly at fault.

Some negligent deaths will rise to the level of a criminal charge against the negligent party, and a lawsuit will be a parallel civil case. The purpose of any wrongful death lawsuit is to recover damages and compensation.

Do I have a case?

If a loved one has died in an accident that may be due to negligence, it is well worth investigating whether a claim can be made. A wrongful death attorney will examine the circumstances carefully to see if a lawsuit is supported. Each case is different enough that no general rule exists.

In some cases, having a knowledgeable attorney inquire into the circumstances helps grieving family members understand what happened, giving some comfort. The purpose of a wrongful death lawsuit is financial – getting compensation for the loss of a loved one. The types of claims will arise from loss of income and loss of companionship.

It is important that you do not sign any releases from insurance companies unless you completely understand the documents. For this reason, the advice of an attorney is recommended. You can discuss the particulars of your case by filling out the contact information below. You can also find more about wrongful death in our FAQ.

Just a few types of wrongful death claims:

	Medical malpractice: Usually due to the negligence of medical professionals; a wrong medication or misdiagnosis leads to an injury or fatality.
	Nursing home abuse: Negligence in the treatment or care of the elderly or infirm in a nursing home may cause death.
	Defective products: Faulty products may cause severe injury or death.
	Auto accidents: Due to some manufacturing defects of vehicles serious accidents happen that can cause spinal cord or other injuries leading to wrongful death.

How is a wrongful death case handled?

Neuhardt Law is a firm in Billings that handles wrongful death lawsuits. The process begins with gathering as much information about the incident as possible. This will usually mean examining any police or medical reports and talking to witnesses. At that point, if the case is going to move forward, your attorney will gather documents to demonstrate losses – these will include funeral expenses, lost income as well as loss of companionship and emotional suffering.

After the facts have been determined, you attorney will seek a settlement from the responsible party (or parties). This usually leads to several rounds of negotiation in an attempt to reach an agreement outside of court. If no settlement is reached, the case proceeds to trial.

At trial, either a judge or jury decides the issue and a ruling is made on the amount of compensation.

Hiring an attorney

Any death is a sensitive issue. There are very deep emotions involved and it can be hard to think clearly. The tragedy seems to overwhelm our best judgment. This is one of the first reasons to hire an attorney. Your attorney will evaluate the matter with care, consideration and a professional eye. An initial consideration is whether there are grounds for a claim. Only those actually damaged by the loss can sue, although the estate of the deceased can be used as the plaintiff.

Neuhardt Law assists claimants in wrongful death cases in Montana. Solomon Neuhardt can talk to you about the matter and advise you on how to proceed. Click here to contact Sol for a free case evaluation. There is no cost or obligation for this service.

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Neuhardt Law Firm, P.C.

945 Broadwater Square
Billings, Montana 59101

P.O. Box 2275
Billings, Montana 59103

Phone: 406-670-4752
Fax: 406-656-3044
Toll Free: 888-820-3346
E-mail: info@mtaccidentattorney.com

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