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 or, if the person is employed by another person who is responsible for the causing person's conduct, then also against the other responsible person.
Action For Wrongful Death
Mont. Code Ann. § 27-1-513, under Right to Bring Action or Assert Defense.
Mont. Code Ann. § 27-1-513