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Wrongful Death Archives

Understanding the Eggshell Skull Rule

Whenever someone in Bozeman loses a loved one due to another's negligent actions, it may be easy for most to understand the motivation to hold such negligent parties accountable through a wrongful death lawsuit. However, simply because negligence is alleged to have caused a death does not mean that those affected are automatically entitled to collect damages. It must first be proven how the allegedly negligent party contributed to the tragedy. 

Explaining the idea of assumption of risk

Bozeman and other areas in Montana have plenty to offer in terms of excitement and diversion. You can enjoy boating in any of state's many lakes, hunting in its forests, or hiking through its back country. Yet as the past experiences of many of the clients that we at Cok Kinzler have worked with demonstrate, these activities bring with them an inherent level of risk. Your first assumption may be those supervising or sponsoring them assume the risks that you and other participants may face. However, those same parties may just as easily argue that you and others understood the dangers an activity posed going in. 

Explaining the concept of sovereign immunity

Most in Bozeman may likely assume that whenever one is seriously injured or killed on another’s property, the property owner may be held liable if the conditions or a feature of the property contributed to the event. Montana is renowned for its many state and national parks, the owners of which are the local and federal governments, respectively. In cases where one is killed in such an area, can those entities be named in a liability claim?

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.

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Cok Kinzler PLLP
35 North Bozeman Avenue
Bozeman, MT 59715

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