Losing a loved one without warning is devastating. When that loss is caused by someone else’s negligence or wrongful actions, families deserve to understand their legal options. In Wyoming, the process begins with knowing what a wrongful death lawsuit is and who has the right to file. The next step is working with attorneys experienced in Wyoming’s unique wrongful death laws. Taking these steps gives families the clarity and support they need to make informed choices in a difficult time.
Wrongful Death is defined as a civil lawsuit brought against an individual, company, or other entity for negligence, recklessness, or intentional acts resulting in the death of a person. Each state has laws that define who is eligible to file a wrongful death lawsuit.
Wyoming Law requires that wrongful death lawsuits be filed by a “wrongful death representative.” This representative is typically a spouse, another relative, or a third party appointed by the court to act on behalf of potential beneficiaries. This representative system ensures that one person coordinates the case for the benefit of everyone involved.
Judges typically consider the following factors when making this appointment:
- Relationship to the deceased: Close family members often receive priority consideration.
- Ability to represent all beneficiaries fairly: The representative must act in the best interests of everyone, not just their own.
- Capable and Willing: The individual must be capable of handling the legal responsibilities associated with the role.
While family members are given consideration, no one can file a Wyoming wrongful death suit directly; only wrongful death representatives can. However, people outside the immediate family can petition the court to be appointed as a wrongful death representative.
Ultimately, the court has discretion to appoint anyone suitable for this critical role. The court will consider all aspects of this request, including whether the proposed wrongful death representative serves the best interests of all potential beneficiaries.
Beneficiaries and Damage Claims in Wyoming Wrongful Death Cases
Potential beneficiaries in Wyoming wrongful death cases include a surviving spouse, children or grandchildren, parents of the deceased, siblings, or anyone who financially relied on the deceased.
The typical damage claims in wrongful death cases consider the following factors:
- Economic damages: Including, but not limited to, wage loss, benefit loss, and the financial support the deceased would have provided to the claimants.
- Medical expenses: Costs related to the deceased’s final injury or illness.
- Funeral and burial costs: Considers the unexpected expenses associated with funeral costs.
- Loss of companionship: Recognition of the relationship lost due to the deceased’s passing.
The specific claim amount depends on factors such as the deceased’s age, earning capacity, and the nature of their relationship with the claimants.
The Statute of Limitations in Wyoming Wrongful Death Cases
Wyoming requires wrongful death lawsuits to be filed within two years of the deceased person’s death. Exceptions to extend this deadline are rare, and time is of the essence. Acting quickly protects family interests and preserves essential evidence.
Here are four essential steps to remember when building a wrongful death case:
- Gather relevant documents: Accident reports, and employment information to help establish your case
- Identify potential claimants: Knowing who might benefit from a wrongful death lawsuit helps with representation decisions.
- Understand the representative process: Your lawyer will petition the court for appointment of the wrongful death representative before any lawsuit can proceed.
- Preserve evidence: Important evidence can disappear quickly after an accident or incident.
Wyoming’s wrongful death laws aim to provide fair compensation while ensuring efficient case management and administration for all parties involved.
If you believe someone else’s negligence resulted in the death of your loved one, it’s essential to partner with legal professionals to handle complex Wyoming wrongful death lawsuits and achieve results.
Experience Matters in Complex Wrongful Death Cases
For over fifty years, The Fitzgerald Law Firm has had extensive success handling wrongful death cases. We represented the family of a man killed by a Caterpillar front-end loader with a defective design that crushed him. He operated it on a construction site. This case resulted in a jury award of $1.5 million, which was also upheld on appeal. At the time, it was the largest wrongful death verdict in the State of Wyoming. It remains the largest ever affirmed by the Wyoming Supreme Court. Since then, Fitzgerald Law Firm has obtained verdicts and settlements for far greater sums on behalf of its clients.
If you believe the death of your loved one is a case of wrongful death, contact us. Our experienced team of Wyoming wrongful death lawyers is available to answer your questions during a confidential consultation.