Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 3. Measure of Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-323 (2026)

Wrongful Death

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 3
  5. 27-1-323 Wrongful death

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 3. Measure of Damages

Wrongful Death

27-1-323. Wrongful death. In every action under 27-1-513, such damages may be given as under all the circumstances of the case may be just.

History: En. Sec. 1, p. 561, Cod. Stat. 1871; en. Sec. 14, p. 42, L. 1877; re-en. Sec. 14, 1st Div. Rev. Stat. 1879; re-en. Sec. 14, 1st Div. Comp. Stat. 1887; re-en. Sec. 579, C. Civ. Proc. 1895; re-en. Sec. 6486, Rev. C. 1907; re-en. Sec. 9076, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 377; re-en. Sec. 9076, R.C.M. 1935; R.C.M. 1947, 93-2810(part); amd. Sec. 1, Ch. 449, L. 1987.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1982–2025 · leading case: Hern v. Safeco Ins. Co. of Illinois, 2005 MT 301 (Mont. 2005).
Sort: Relevance Newest Treatment
Hern v. Safeco Ins. Co. of Illinois, 2005 MT 301 (Mont. 2005). · cites it 14× “Damages for wrongful death are non-specific and § 27-1-323, MCA, provides that "damages may be given as under all the circumstances of the case may be just.”
Dawson v. Hill & Hill Truck Lines, 671 P.2d 589 (Mont. 1983). · cites it 18× “By this request for declaratory relief, the petitioners have asked this Court to recognize that "just" damages authorized by statute include the mental distress and anxiety suffered by petitioners as a result of the wrongful death of their son.”
North Pac. Ins. v. Stucky, 2014 MT 299 (Mont. 2014). · cites it 22× “Section 27-1-323, MCA, allows a wrongful death claimant to recover “such damages .”
Swanson v. Champion Int'l Corp., 646 P.2d 1166 (Mont. 1982). · cites it 12× “" Section 27-1-323, MCA. Generally the proof of damages under this cause of action will include loss of consortium by a spouse, Mize v.”
Kuhnke v. Fisher, 683 P.2d 916 (Mont. 1984). · cites it 12× “In an action for the wrongful death of an adult, such damages may be given as under all the circumstances of the case may be just, section 27-1-323, MCA. The only limitation is that damages must in all cases be reasonable, for no more than reasonable damages can be recovered,…”
Johnson v. Marias River Elec. Coop., Inc., 687 P.2d 668 (Mont. 1984). · cites it 6× “) An additional sentence in the original enactment, providing that damages in a wrongful death action may be given as under all the circumstances of the case may be just, is now found in section 27-1-323, MCA. *670 In all the period of time since 1877 that the wrongful death…”
Payne v. Eighth Jud. Dist. Court, 2002 MT 313 (Mont. 2002). · cites it 4× “¶ 11 As for wrongful death damages, § 27-1-323, MCA, provides that "damages may be given as under all the circumstances of the case may be just.”
Versland v. Caron Transp., 671 P.2d 583 (Mont. 1983). · cites it 3× “Plaintiff argues the basis for these damages is section 27-1-323, MCA: “[i]n every action under 27-1-512 and 27-1-513 such damages may be given as under all the circumstances of the case may be just,” and section 27-1-513, MCA: “[w]hen the death of one person, not being a minor,…”
Renville v. Fredrickson, 2004 MT 324 (Mont. 2004). · cites it 2× “¶22 Additionally, under § 27-1-323, MCA, which states, “[i]n every action under 27-1-513, such damages may be given as under all the circumstances of the case may be just,” we have held that loss of consortium and loss of comfort and society damages are examples of “just”…”
In Re the Est. of Bennett, 2013 MT 230 (Mont. 2013). · cites it 3× “” Section 27-1-323, MCA. “When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent’s estate may maintain an action for damages against the person causing the death .”
Bear Med. v. United States, 192 F. Supp. 2d 1053 (D. Mont. 2002). “§ 27-1-323. Such damages include sorrow, mental distress, loss of affection and companionship, and loss of household services.”
Adams v. United States, 669 F. Supp. 2d 1203 (D. Mont. 2009). · cites it 2× “” MontCode Ann. § 27-1-323. “Just” damages in wrongful death may include damages for the grief, sorrow and mental distress caused by the death of the decedent, as well as damages arising from loss of consortium.”
Show all 15 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.