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.
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.
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.
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.
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.
The unanticipated death of a loved one in Bozeman may leave a family despondent. That despair may only increase if those affected by it feel as though they have no legal recourse. You may have these same thoughts if your family member or friends died while participating in an activity for which he or she signed a liability waiver. We here at The Law Firm of Cok Kinzler PLLP can tell you that such contracts are often not valid.
To see a minor relative in Bozeman lose his or her parents can be heartbreaking. To know that their deaths may have been prevented may further that sadness. Even in the absence of the proper estate planning documents outlining his or her parents’ regarding his or her legal guardianship along with the dispersal of their assets, the state has laws in place that protect your minor loved one’s interest in that regard. Yet what about his or her ability to hold those allegedly responsible for his or her parents’ deaths accountable? Can a minor actually initiate a claim for wrongful death?
In Montana, if your loved one was injured and killed due to the negligence of another person or business entity, you may be able to file a lawsuit against the responsible party for wrongful death. These suits are designed to help surviving family members deal with the financial repercussions of losing a loved one, as well as a deterrent to keep businesses and people from acting so negligently that they cause someone to die.
Finally, the weather is warming up and boat enthusiasts all over Montana are anxious to get back on the water. While boating, waterskiing and fishing are great forms of recreation, there are many dangers when alcohol is involved. According to the American Boating Association, 610 people across the country lost their lives in boating accidents in 2014. The numbers of people killed in boat accidents are similarly high from year to year. Alcohol plays a large part in many of these accidents.
Our team at Cok Kinzler PLLP knows that your children’s safety is one of your top priorities. When teenagers in Montana ask for the car keys, your protective alarm may start sounding loudly, and rightfully so. There are steps you can take to ensure your child is as safe as possible on the road.