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Wrongful Death Archives

Wrongful death: Montana tow truck operators killed at crash site

Most Montana drivers, at one time or another, have come upon a car crash while on the road. Often, following such incidents, emergency responders will close some traffic lanes around the scene, and passing vehicles must adjust their speed accordingly. However, sometimes, in this type of situation, an approaching driver will fail to see what is happening ahead, whether because he or she is distracted or simply not paying attention. This may have been the case when two tow truck operators were killed while they were dealing with a car crash on the side of Interstate 90 on a recent Sunday morning. Their surviving families may now have cause to file a wrongful death lawsuit.

Fatal accident: Drunk driver who killed 2 Montana women sentenced

Most people probably have difficulty understanding why some people still drink and drive, considering the high volume of messages and statistics highlighting the potential consequences. Unfortunately, such behavior continues, and too often, a drunk driver causes a fatal accident that ends the life of an innocent person who just happened to be in the wrong place at the wrong time. As a horrific example, recently, a man received a 40-year sentence for killing two Montana women last year while he was driving drunk one evening.

What is a survival action?

The anguish and stress that comes with seeing a loved injured in Bozeman is often compounded by the responsibility placed on you to care for him or her going forward. The expenses associated with such care may leave you with little choice but to seek compensation on his or her behalf from the party responsible for his or her injuries. Yet initiating such action may add further stress to your situation given that it is impossible to know what the future holds. What if, for example, your loved one dies before his or her case is resolved? 

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.

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Bozeman, MT 59715

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