Wrongful Death Expert Services in Montana
KWVRS provides wrongful death vocational, life care planning, and forensic economic analysis for attorneys handling cases in Montana.
Overview
Wrongful death cases quantify the economic loss to survivors and the estate resulting from a decedent's death, most commonly as lost earnings, lost fringe benefits, lost household services, and lost personal services or guidance. The vocational component reconstructs the decedent's pre-death earning capacity; the economic component reduces projected losses to present value net of personal consumption.
Vocational and economic impact
For a decedent, the vocational component reconstructs earning capacity at the time of death using education, training, work history, industry trajectories, and labor market data. In some jurisdictions, a claimant spouse's earning capacity is also evaluated where household services or income contributions are at issue.
Damages typically include lost earnings and earning capacity across the decedent's worklife, lost fringe benefits, lost household services, and in some jurisdictions loss of personal consortium, care, guidance, and advice. Projections are reduced to present value using appropriate discount rates and net of personal consumption.
Montana courts and expert standards
Wrongful Death matters in Montana are litigated in the state's trial courts, with vocational, life care planning, and economic testimony evaluated under Montana's expert evidence standard. KWVRS prepares reports and testimony that account for these requirements.
Where these cases are heard
- District Court - General jurisdiction; felonies, probate, most civil cases at law and in equity, and appeals from the courts of limited jurisdiction
- Justice Court - Civil cases up to $15,000, misdemeanors, small claims
- City Court - City or town ordinance violations; shares the justice court's misdemeanor and civil jurisdiction
Highest court: Montana Supreme Court. Federal venues: D. Mont.
Sources: Montana Judicial Branch, Montana Courts: the courts of limited jurisdiction (justice, city and municipal courts), the district courts and the state's highest court, the Montana Supreme Court; the Water Court and the Workers' Compensation Court among the specialty courts, the Workers' Compensation Court resolving disputes under the Workers' Compensation Act and the Occupational Disease Act (reviewed 2026-10-12); Montana Judicial Branch, District Courts: courts of general jurisdiction for felonies, probate and most civil cases at law and in equity, with limited appellate jurisdiction over cases arising in the courts of limited jurisdiction (reviewed 2026-10-12); Montana Judicial Branch, Courts of Limited Jurisdiction: justice, city and municipal courts; misdemeanors, civil cases up to $15,000 and small claims up to $7,000 (reviewed 2026-10-12); Montana Legislature, Montana Code Annotated 2025, justices' courts civil jurisdiction: actions up to $15,000 (reviewed 2026-10-12); Montana Legislature, Montana Code Annotated 2025, city courts: exclusive jurisdiction of city or town ordinance violations (reviewed 2026-10-12); Montana Legislature, Montana Code Annotated 2025, city courts: concurrent jurisdiction with the justice's court of all misdemeanors and of the proceedings of the justices' courts' jurisdiction (reviewed 2026-10-12); Montana Legislature, Montana Code Annotated 2025, municipal courts: jurisdiction coextensive with the justices' courts and over city ordinance cases (reviewed 2026-10-12); Montana Legislature, Montana Code Annotated 2025, municipal courts: a city above a set population may have a municipal court, which takes over the city court's pending cases (reviewed 2026-10-12); Montana Judicial Branch, Water Court: exclusive jurisdiction over the adjudication of water rights claims in Montana (reviewed 2026-10-12); Montana Judicial Branch, Workers' Compensation Court: disputes under the Workers' Compensation Act and the Occupational Disease Act (reviewed 2026-10-12)
Attorney guides for wrongful death cases
Other case types in Montana
Frequently Asked Questions
What is personal consumption and why is it deducted?
Personal consumption is the portion of the decedent's earnings that would have been spent on the decedent's own maintenance rather than provided to survivors. It is deducted so that damages reflect the net economic loss to the survivors, consistent with standard forensic economic practice.
How is lost earning capacity projected for a decedent who had not yet entered the workforce?
For young decedents or those with limited earnings history, economists use education-based and demographic-based earnings tables from Census/CPS data, applied to an expected career path consistent with the decedent's documented abilities and plans.
Are lost household services compensable in wrongful death cases?
In most jurisdictions, yes. Lost household services are valued using time-use survey data and local market wage rates for equivalent services such as childcare, home maintenance, meal preparation, and transportation.
What discount rate is applied to wrongful death damages?
Forensic economists apply discount rates drawn from Treasury yields matched to the projection horizon, often in a net discount rate framework that also accounts for expected wage growth. Jurisdiction-specific rules may apply.
References
- BLS Occupational Employment StatisticsGovernment
- Census Bureau - Current Population SurveyGovernment
- BLS American Time Use SurveyGovernment
- National Center for Health Statistics - Life ExpectancyGovernment
- Montana Judicial Branch, Montana Courts: the courts of limited jurisdiction (justice, city and municipal courts), the district courts and the state's highest court, the Montana Supreme Court; the Water Court and the Workers' Compensation Court among the specialty courts, the Workers' Compensation Court resolving disputes under the Workers' Compensation Act and the Occupational Disease Act (reviewed 2026-10-12)Government
- Montana Judicial Branch, District Courts: courts of general jurisdiction for felonies, probate and most civil cases at law and in equity, with limited appellate jurisdiction over cases arising in the courts of limited jurisdiction (reviewed 2026-10-12)Government
- Montana Judicial Branch, Courts of Limited Jurisdiction: justice, city and municipal courts; misdemeanors, civil cases up to $15,000 and small claims up to $7,000 (reviewed 2026-10-12)Government
- Montana Legislature, Montana Code Annotated 2025, justices' courts civil jurisdiction: actions up to $15,000 (reviewed 2026-10-12)Government
- Montana Legislature, Montana Code Annotated 2025, city courts: exclusive jurisdiction of city or town ordinance violations (reviewed 2026-10-12)Government
- Montana Legislature, Montana Code Annotated 2025, city courts: concurrent jurisdiction with the justice's court of all misdemeanors and of the proceedings of the justices' courts' jurisdiction (reviewed 2026-10-12)Government
- Montana Legislature, Montana Code Annotated 2025, municipal courts: jurisdiction coextensive with the justices' courts and over city ordinance cases (reviewed 2026-10-12)Government
- Montana Legislature, Montana Code Annotated 2025, municipal courts: a city above a set population may have a municipal court, which takes over the city court's pending cases (reviewed 2026-10-12)Government
- Montana Judicial Branch, Water Court: exclusive jurisdiction over the adjudication of water rights claims in Montana (reviewed 2026-10-12)Government
- Montana Judicial Branch, Workers' Compensation Court: disputes under the Workers' Compensation Act and the Occupational Disease Act (reviewed 2026-10-12)Government
Ready to Get Started on wrongful death cases in Montana?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.