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Wrongful Death Archives

City sued in the aftermath of police shooting

When news regarding wrongful death lawsuits breaks in Bozeman, most may likely associate them with claims filed between one private citizen against another. There will also be times when perhaps a company or corporation is named as the defendant in such an action, particularly in workplace accidents involving employees. Yet naming a city as a defendant? Indeed, if city or state officials are viewed as having contributed to one’s death (either through negligence or allegedly reckless action), the city or municipality itself may end up facing a civil action.

Understanding cause of action

Losing a loved one to an accident in Bozeman can be a heartbreaking experience. In such a case, few may question your decision to attempt to hold those whose actions or inactions may have contributed to your family member or friend’s death responsible. However, many often come to us here at Cok Kinzler PLLP prepared to initiate a wrongful death lawsuit, only to discover that not all unanticipated deaths warrant such action. Thus, before considering seeking legal recourse, it may first be helpful to understand wrongful death cause of action.

Reviewing bullying as a cause of action for wrongful death

Most may assume that the details of a majority of wrongful death lawsuits filed both in Bozeman and throughout the rest of the U.S. describe negligent actions (or inactions) by a certain party. While that may be the case in many complaints, recent years have a seen a rise in a new type of wrongful death action: lawsuits involving bullying. As the concept of suing over bullying is still relatively new, states are often left scrambling to determine if their wrongful death statutes apply to such actions.

Understanding the burden of proof

If you have seen a family member or friend from Bozeman die due to the negligence or wrongful actions of another, your hope may be that whomever is responsible faces criminal penalties. Yet what if such parties do not? Many come to us here at Cok Kinzler PLLP after such acquittals thinking that they no longer have a basis on which to initiate civil action. If you share this same opinion, you may be happy to learn that you are wrong.

Explaining the attractive nuisance doctrine

Wintertime in Bozeman brings with it certain activities that, while enjoyable, can certainly be dangerous (particularly to children). Many often come to us here at Cok Kinzler PLLP after having suffered through the tragic death of a child wondering if they have any legal recourse to help compensate for their loss. If you have lost a child to a potentially dangerous activity whose associated risks he or she would have likely not anticipated, then there may be legal precedent for you to initiate action.

Loss of consortium explained

When people die unexpectedly in Bozeman, they may often leave behind a glaring void in the lives of their families. In the event that their deaths were due to the wrongful actions of others, those that they leave behind may be able fill those voids through a wrongful death lawsuit. Oftentimes, the financial void may be easily calculable, yet the same may not be said for the emotional one. This leads to the question of whether one is entitled to seek action for anything beyond the financial loss of a loved one.

Understanding the damage caps in wrongful death cases

If you’ve had a family member die prematurely in Bozeman, then you may left scrambling trying to recover from the void that he or she may have left in your life. Many come to us here at Cok Kinzler PLLP following the death of a loved seeking legal recourse, yet unsure if the potential reward from any action can adequately compensate for their losses. No monetary judgment will be equal to having your loved one back in your life, yet a wrongful death settlement may come close to easing the burden he or she left behind. Before seeking such a reward, however, you may find it beneficial to understand any potential judgment limitations the state of Montana has in place.

Lawsuit blames Jim Carrey for late girlfriend’s death

Ask most people in Bozeman what they believe wrongful death to be, and one may likely get a wide range of answers that, despite being diverse, imply it to be death attributable to direct negligence. While that may be true in many cases, there may also be times when people allege that the actions of others may have indirectly lead to one’s premature demise, as well. In such a case, while a defendant may have not comprehended how his or her acts may have influenced the fate of another, one may be able to argue that a reasonable person should have.

Law enforcement listed as co-defendant in wrongful death lawsuit

Many of the wrongful death cases filed in Bozeman and throughout the rest of the U.S. typically involve some form of recklessness. Yet in certain cases, some may argue that the conditions that contributed to one’s death may have resulted from another doing something that, by legal standards, he or she had the right to do. This may prompt the question of when does common sense supersede the perceived duty that one may have to the law and/or to his or her community.

How can you extend the wrongful death statute of limitations?

You may or may not be aware that Montana state law lists the time that you are allowed to commence a claim of wrongful death at three years. However, if, for some reason, you or the personal representative of your deceased loved one’s estate are not able to file a lawsuit within that time, does that mean all of your chances at legal recourse are gone? Not necessarily. The law does allow you to extend that time period in certain situations.

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Bozeman, MT 59715

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