Bozeman

Trusted Personal Injury & Wrongful Death Lawyers in Bozeman

Dealing with an incident such as a road accident or the loss of a loved one can be truly tragic and one of the most challenging times in a person’s life. It can take a toll on your mental, physical, and financial well-being. During such difficult times, navigating the legal system may feel overwhelming, especially when you are not a professional personal injury attorney.
Bidegaray Law Firm is one of the most trusted names in Montana, backed by a proven track record of securing substantial verdicts and settlements. Our personal injury attorneys provide clarity, support, and strong legal representation to help you secure the justice and compensation you deserve.

What Situations Can Lead to Personal Injury or Wrongful Death Claims?

Personal injury and wrongful death cases often occur due to negligence or unsafe conditions. Understanding the causes is the first step toward building a strong claim.

Common causes include:

  • Car, truck, or motorcycle accidents
  • Workplace injuries and hazardous job conditions
  • Medical negligence or malpractice
  • Faulty or defective products
  • Other preventable accidents caused by third parties

When a personal injury or wrongful death occurs, Montana law allows families to seek rightful compensation for their loss, including financial support and emotional suffering. Our team of experienced Bozeman personal injury lawyers works closely with you to ensure every aspect of your case is handled with care and precision.

Do you need guidance on a personal injury or wrongful death matter? Call 406-522-7744 today to discuss your case with our personal injury attorney.

How Can a Personal Injury Lawyer in Bozeman Help Your Case?

Contrary to common belief, a personal injury or wrongful death claim involves more than just filing paperwork—it requires a strategic and evidence-driven approach. That’s why consulting a professional Bozeman wrongful death attorney at the right time is essential.

At Bidegaray Law Firm, our team conducts detailed investigations into every case. From gathering medical records and evidence to consulting expert opinions when needed, we take every step to build a strong legal case on your behalf. As your trusted Montana wrongful death attorneys, our goal is to clearly establish liability and demonstrate the full extent of your losses.

Our team of Bozeman wrongful death attorneys works to recover compensation that fully reflects your losses, such as:

  • Current and future medical costs
  • Loss of income and diminished earning potential
  • Physical pain and ongoing suffering
  • Emotional impact and loss of companionship in wrongful death cases

The overall strategy is supported by a detailed and well-prepared claim prepared by a specialist personal injury attorney, thus increasing your chances of achieving a fair and favorable outcome.

Worried About Insurance Companies?

When pursuing a claim, one of the biggest concerns is dealing with insurance companies and their complex processes. After all, these companies aim to minimize payouts, but you don’t have to face them alone. As your partner, our personal injury lawyer in Bozeman will be there to advocate for your rights and ensure you receive fair compensation.

Our team of wrongful death lawyers handles all negotiations with insurers and, when needed, takes your case to court for the best possible outcome.

Ready to Move Forward with Your Case?

Taking legal action on an insurance claim may feel like a big step, but don’t worry, as you don’t have to do it alone.

Our wrongful death attorneys will be there to guide you, support you, and fight for the outcome you deserve.

Dial 406-522-7744 now to schedule your free consultation.

Frequently Asked Questions

1.What constitutes a wrongful death claim under Montana law? +

A wrongful death claim in Montana is a civil lawsuit as per the definition of MCA 27, 1, 513. Such a claim exists when a person’s demise is a result of the “wrongful act or neglect” of someone else. Simply put, if the deceased individual could have sued for personal injuries if they had lived, then the estate is allowed to file a wrongful death claim. Such claims include fatalities caused by negligence (e.g., auto accidents, medical malpractice) as well as genuine cases of criminal acts.

2.Who is legally authorized to file a wrongful death lawsuit in our state? +

According to Montana law, the only party permitted to bring a lawsuit is the Personal Representative of the deceased’s estate. This person is commonly the one whom the victim, if living, has named in the will. In the absence of a will, a representative will be appointed by the court (usually a recognized spouse, parent, or adult child). The Personal Representative is the one who signs and submits the necessary documents, but it is really the heirs who inherit the right to the damages, most often the spouse and children. Make sure to take support of a Bozeman personal injury lawyer for positive outcomes.

3.What is the statute of limitations for filing a wrongful death claim in Montana? +

Generally, you have three years from the date of the person’s death to file a claim (under MCA § 27-2-204). However, there are critical exceptions. If the death was the result of medical malpractice, it is likely to be two years. Conversely, if the claim is against a government entity (like a city vehicle or state agency), you may have a much shorter window to file an initial notice of claim. It is vital to consult an attorney immediately to avoid missing these strict deadlines.

4.What specific types of damages can families recover in a wrongful death verdict or settlement? +

Montana permits households to recover both economic and non-monetary damages. These usually include:

  • Medical Expenses: Costs incurred for the victim’s care previous to loss of life.
  • Funeral and Burial Costs: Reasonable fees for the carrier and burial.
  • Loss of Financial Support: Wages and benefits the deceased could have earned over their lifetime.
  • Loss of Consortium: Compensation for the lack of companionship, love, guidance, and care that the deceased furnished to own family members.
  • Punitive Damages: In uncommon instances where the defendant acted with actual malice or fraud, the court docket may award additional damages to punish the offender.
5.Is hiring a specialized personal injury lawyer necessary for a wrongful death claim, or can I file it myself? +

 Technically, you do have the right to file pro se, but the court generally strongly discourages it in wrongful death cases. These types of claims normally require complex probate law knowledge (administration of the deceased person’s estate), have specific rules of evidence, and the defendant’s insurance company will usually try to be very aggressive with a professional team of lawyers. The wrongful death lawyer, who is an expert in the field, can take care of the procedural part of the case, figuring out the various types of damages, cooperating with the experts, establishing the fault, and handling the court procedure, thus the family can be left to mourn and at the same time obtain whatever is fair.

6.What are the most common causes of wrongful death actions we see in the Bozeman area or in Montana? +

In Bozeman and Gallatin County, like across Montana, wrongful death claims frequently stem from:

  • Motor Vehicle Accidents: Particularly on I-90 and Highway 191 (involving trucks or winter conditions).
  • Workplace Accidents: Including construction site falls or heavy machinery malfunctions.
  • Medical Malpractice: Surgical errors or failure to diagnose critical conditions.
  • Defective Products: Equipment or vehicle parts that fail and cause fatal injuries.

General Accidents: If someone has done something wrong that resulted in a death.

7.How does a wrongful death claim differ from a standard personal injury claim? +

The main difference is the plaintiff and the damages. In a standard personal injury case, the injured victim files the suit to pay for their own bills and pain. In a wrongful death case, the victim cannot speak for themselves, so the estate files the suit. Additionally, while personal injury damages focus on the victim’s pain, wrongful death damages focus heavily on the family’s loss, which includes all losses of the victim, including financial and emotional support. This is why it is highly suggested to consult a professional wrongful death lawyer for the positive outcomes.

8.Will my family have to go to court, or do these cases typically settle? +

The vast majority of wrongful death claims in Montana are resolved through settlements before they reach a jury trial. Insurance companies, however, are not always reasonable. As a result, Bidegaray Law Firm prepares cases as if they are going to trial. This preparation by our Montana wrongful death attorneys often pressures the defense into offering a fair settlement, but if they refuse, we will represent you in court.