Losing a loved one due to someone else’s careless or wrongful actions is heartbreaking. Wyoming law allows surviving family members to file a wrongful death claim to pursue justice and recover compensation for their losses. While no amount of money can undo what happened, a successful claim can help relieve financial strain and bring a measure of accountability to those responsible.
Who Can File a Wrongful Death Claim in Wyoming?
In Wyoming, only the wrongful death representative—appointed by the court—can file a wrongful death lawsuit. This individual may be a close family member, personal representative, or another interested party. The lawsuit is filed on behalf of beneficiaries, which can include:
- The surviving spouse
- Children or stepchildren
- Parents, if there are no children or spouse
- Other family members who were financially dependent on the deceased
What Qualifies as a Wrongful Death?
A wrongful death in Wyoming is one that results from the wrongful act, neglect, or default of another person or business. These cases often involve:
- Fatal car or truck accidents
- Medical malpractice
- Construction or workplace fatalities
- Criminal acts like assault
- Slip-and-fall accidents
- Defective products
If the deceased could have filed a personal injury lawsuit had they lived, the family may file a wrongful death claim instead.
What Damages Can Be Recovered?
Wrongful death claims in Wyoming may allow for the recovery of:
- Funeral and burial costs
- Medical bills related to the final injury
- Loss of financial support and benefits
- Emotional suffering and grief
- Loss of companionship and guidance
- Loss of household services
The compensation is distributed among eligible surviving family members, depending on their relationship to the deceased and their level of dependency.
Time Limit for Filing
The statute of limitations for wrongful death in Wyoming is two years from the date of the person’s death. Missing this deadline typically results in losing your right to file, so it’s important to speak with an attorney as soon as possible.
Car Accidents and Wrongful Death in Wyoming
Car accidents are among the most common causes of wrongful death claims in Wyoming. If your loved one was killed by a reckless or negligent driver, your family may be able to pursue a wrongful death lawsuit.
Wyoming follows a modified comparative fault rule. If the deceased was less than 50% at fault, the family can recover damages. The compensation will be reduced in proportion to the deceased’s share of responsibility, if any.
Wrongful Death From Workplace Incidents
When someone dies on the job, workers’ compensation may provide basic benefits. However, these are often limited and do not include pain and suffering or loss of companionship.
If another party—not the employer—was responsible for the death, such as a contractor or equipment manufacturer, your family may also file a third-party wrongful death claim for additional compensation.
Frequently Asked Questions About Wrongful Death in Wyoming
What happens if the deceased did not name a representative in their will?
If there is no personal representative or will, the court will appoint someone to act as the wrongful death representative. This person will be responsible for filing the claim and managing the process.
Can multiple family members receive compensation?
Yes. While the claim is filed by one representative, compensation can be shared among multiple eligible survivors based on their dependency and relationship to the deceased.
Are punitive damages allowed in Wyoming?
Yes, in cases involving especially reckless or intentional conduct, punitive damages may be awarded. These are meant to punish the wrongdoer and deter similar behavior in the future.
How long does a wrongful death case take?
The timeline can vary. Some cases settle within months, while others may take a year or more, especially if the case goes to trial. An attorney can help keep the process on track and push for a timely resolution.
Speak With a Wyoming Wrongful Death Attorney
If you’ve lost a loved one in an accident caused by another person’s actions, you don’t have to go through the aftermath alone. A wrongful death attorney in Wyoming can help you understand your rights, gather evidence, and fight for the compensation your family deserves. Contact a local attorney today to schedule a free case review and get the support you need.