Montana law
Wrongful Death Laws in Montana.
Montana's wrongful death statute permits recovery by the decedent's heirs or personal representative. Damages include pre-death pain and suffering, medical and funeral expenses, loss of consortium, loss of companionship, and lost future earnings. The 3-year statute of limitations applies (10 years if homicide). Montana's pure comparative fault (modified 51% bar) applies to wrongful death as well.
Last verified: 2026-04-17
State law
Statute of Limitations
Wrongful death actions must be filed within 3 years of the date of death, extended to 10 years if the death resulted from a homicide.
State law
Key Montana Statutes
When death is caused by the wrongful act or neglect of another, the heirs or personal representative may bring an action for damages including loss of companionship, comfort, support, and pecuniary losses.
A cause of action arising from a wrong by another person survives the death of the person entitled to the cause of action. Permits recovery of pre-death pain and suffering and medical expenses.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.
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