Fighting for the Compensation Montanans Deserve – No Fee Unless You Win.
Seeking Justice After a Wrongful Death in Montana
Losing a loved one due to someone else’s negligence is a heartbreaking and life-altering experience. While no legal action can bring them back, a wrongful death claim can provide financial stability and help hold the responsible party accountable. At McKeon Law, we’re here to guide your family through this difficult time and fight for the justice your loved one deserves.
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Steps to Take After Losing a Loved One to Wrongful Death
Wrongful Death Claims
A wrongful death claim is a legal action brought by the surviving family members or estate of someone who has died due to another party’s negligence or wrongdoing. In Montana, spouses, children, parents, and personal representatives of the deceased’s estate may have the right to file a wrongful death lawsuit.
Common Causes of Wrongful Death Claims
Wrongful death can occur in various situations. Below are the most common causes and injuries leading to wrongful death claims in Montana:
Includes fatal crashes caused by drunk driving, speeding, distracted driving, and other forms of reckless or negligent behavior on the road.
Covers wrongful death due to misdiagnosis, surgical errors, anesthesia issues, or medication mistakes made by healthcare professionals.
Involves deaths resulting from falls, equipment malfunctions, lack of safety protocols, or toxic exposure on the job.
Refers to fatal incidents caused by faulty auto parts, unsafe consumer products, or dangerous pharmaceutical drugs that were improperly designed or manufactured.
Covers wrongful death stemming from neglect, medical mistreatment, lack of supervision, or intentional harm in assisted living or long-term care facilities.
Applies to fatal injuries occurring due to unsafe property conditions, such as slips, falls, poor maintenance, or lack of security.
Includes deaths resulting from assault, homicide, or reckless actions that constitute criminal behavior and result in loss of life.
Who Can File a Wrongful Death Lawsuit in Montana
Who Can File a Wrongful Death Lawsuit in MontanaMontana law allows a personal representative of the deceased’s estate to file a wrongful death claim. This is usually:
- A surviving spouse
- Children of the deceased
- Parents (if the deceased was a minor)
- Other legal representatives of the estate
Montana-Specific Wrongful Death Laws
Statute of Limitations – In Montana, wrongful death lawsuits must be filed within three years of the date of death. If the wrongful death is due to medical malpractice, the claim must be filed with the Montana Medical Legal Panel within two years of the malpractice occurring.
Comparative Negligence Rule – If the deceased was partially at fault, the compensation may be reduced based on their percentage of fault.
Survival Actions – If the deceased suffered injuries before passing away, their estate may file a survival claim for pain and suffering.
What to Expect When Filing a Construction and Industrial Accident Claim
Step 1: Investigation & Evidence Collection – Your lawyer will gather medical records, accident reports, witness statements, and expert testimony.
Step 2: Identifying Liable Parties – We determine who is responsible, whether it’s an individual, business, or government entity.
Step 3: Filing the Insurance Claim – We file a wrongful death claim with the at-fault party’s insurance provider to seek compensation for your loss.
Step 4: Negotiating a Fair Settlement – Insurance companies often try to minimize payouts. We advocate aggressively to ensure your family receives the full compensation you deserve.
Step 5: Going to Court if Needed – If the insurer won’t offer a fair settlement, we’re fully prepared to file a lawsuit and take your case to trial to fight for justice.
Wrongful Death Compensation You May Recover
Surviving family members may be entitled to various types of compensation in a wrongful death lawsuit:
- Medical Expenses – Covers hospital bills, treatments, and medical care before death.
- Funeral & Burial Costs – Compensation for cremation, funeral services, and burial expenses.
- Lost Wages & Financial Support – If the deceased was the family’s provider, survivors may recover lost income.
- Loss of Companionship – Compensation for emotional suffering, loss of love, and support.
- Pain and Suffering – If the deceased suffered before passing away, the estate can seek damages for their pain.
- Punitive Damages – If the death resulted from gross negligence or intentional harm, additional damages may be awarded to punish the responsible party.
Why Work With McKeon Law?
Compassionate, Relentless Advocacy for Families After a Wrongful Death
Losing a loved one because of someone else’s negligence is both heartbreaking and life-altering. Along with emotional grief, families often face financial strain from medical bills, lost income, and the challenge of pursuing justice. At McKeon Law, we help Montana families seek accountability and compensation through wrongful death claims—providing the support and legal guidance needed to move forward. With compassion and experience, we’re here to stand by your side every step of the way.
Michael McKeon, Personal Injury Attorney
Michael McKeon, Personal Injury Attorney
Born and raised in Butte, Michael McKeon is a fifth-generation Montanan who has dedicated his legal career to standing up for those injured through no fault of their own. After graduating from the University of Montana School of Law, he returned home to build a practice rooted in trust, integrity, and personal service.
Michael represents clients in personal injury cases, workplace accidents, and insurance disputes—ensuring they’re not alone when facing powerful companies and legal teams. His hands-on approach means clients work directly with him, not passed off to staff, and every case receives the attention it deserves.
Known for his commitment to justice and community, Michael strives to restore dignity to those navigating life after an injury—and to secure the compensation they need to move forward.
Outside the office, he enjoys a fulfilling life with his wife Teresa and their dog, Harley. They value time together exploring new places through travel and appreciating all that Montana has to offer. His time away from work provides balance and perspective, reinforcing the dedication and focus he brings to each client’s case.
Credentials:
- Licensed in Montana and U.S. District Courts of Montana
- Board Member, Montana Trial Lawyers Association
- Member, State Bar of Montana & National Trial Lawyers Association
- Recognized as Top 40 Under 40 & Top 100 Trial Lawyer (NTLA)
- Voted Best Attorney in Butte-Silver Bow (2023)
Camy Allen, Paralegal & Office Manager
Camy Allen, Paralegal & Office Manager
Camy has been a practicing paralegal for over 35 years and has been an integral part of McKeon Law for nearly 30 years as both office manager and paralegal.
Camy and Russ have two adult children, Scout and Saylor, two dogs, Finn and Obie, and two cats, Ellie and Remy.
Personalized and Compassionate Legal Support
When a loved one is taken too soon, families deserve more than just a lawyer—they deserve an advocate who truly cares.
- You Work Directly with an Attorney – Unlike large law firms where cases are handed off to assistants, at McKeon Law, you will work directly with an experienced wrongful death lawyer who will handle your case with the care and attention it deserves.
- We Take the Time to Listen – We know that every family’s loss is unique, and we take the time to understand your loved one’s story, your family’s needs, and the best legal path forward.
- We Limit Our Caseload – We intentionally keep our caseload small so that every client gets the full focus and dedication they deserve.
Fighting for Maximum Compensation
Insurance companies and negligent parties often try to minimize wrongful death claims to avoid paying what’s fair. We won’t let that happen.
- Lost Financial Support – Compensation for future wages, benefits, and financial contributions your loved one would have provided.
- Medical Bills & Funeral Costs – Coverage for any hospital expenses and burial costs associated with the wrongful death.
- Pain and Suffering – While no amount of money can replace your loved one, financial compensation can help ease the burden of loss.
- Loss of Companionship – Recognizing the emotional impact of losing a spouse, parent, or child.
- Punitive Damages – If the wrongful death was caused by reckless or intentional actions, we fight for punitive damages to hold the responsible party fully accountable.
We don’t just settle for the first offer—we build strong cases to demand full and fair compensation.
No Win, No Fee Commitment
We believe that financial concerns should never stop a family from seeking justice. That’s why we work on a contingency fee basis, meaning:
- You pay nothing upfront
- We handle all legal expenses
- You only pay if we secure compensation for you
Montana-Based Representation
As a fifth-generation Montanan, I know how deeply families here value hard work, community, and justice. When a loved one is lost due to someone else’s negligence, your family deserves a lawyer who will stand up and fight for accountability.
We know the Montana legal system inside and out – From wrongful death claims to insurance negotiations and trial representation, we understand how to navigate these cases locally and effectively. We have deep roots in the Montana community – We’re committed to helping families find closure, protect their future, and honor the lives of those they’ve lost.
Wrongful Death FAQs
Got questions about your case? Get clear, expert answers from a trusted Montana wrongful death lawyer.
If your loved one died due to someone else’s negligence, you may have a case. Contact McKeon Law for a free case evaluation.
The personal representative of the deceased’s estate, typically a spouse, child, or parent.
Three years from the date of death, but certain cases may have different deadlines.
If your claim is denied, McKeon Law can appeal the decision and fight for your family’s rights.
Yes. Montana’s comparative negligence law allows recovery as long as the deceased was less than 51% at fault.
McKeon Law works on a contingency fee basis, meaning you don’t pay unless we win your case.