Losing a family member as the result of someone else’s negligence is devastating and brings on waves of emotions and uncertainty. A wrongful death claim can help your family find closure and recover damages. However, when the person who caused your loved one’s death also dies, this presents additional challenges.
Read on to learn more about wrongful death and how the death of the defendant affects your claim.
Wrongful Death in Wyoming
Each state has its own unique laws governing wrongful death. Wyoming law defines a wrongful death as one “caused by wrongful act, neglect, or default” in instances where the deceased individual could have filed a personal injury claim if he or she had lived. To prove wrongful death, the plaintiff must show that death resulted from the defendant’s negligence or recklessness.
In the state of Wyoming, only a “wrongful death representative” may file a wrongful death claim. A person who wishes to serve in this capacity must file a petition with the court, which will then determine who will best represent the interests of all the deceased individual’s survivors.
Wyoming also uses a form of comparative fault. This means that a court must first determine what percentage of fault for the incident that caused death lies with the defendant as compared to the deceased individual. If both parties are found to be at least partially at fault, then the court will reduce the amount of damages proportionally. If the deceased person is found to be more than 50% at fault, no damages will be awarded.
Filing a Claim Against a Deceased Individual
When the person at fault in a wrongful death also dies, in a car crash, for example, a wrongful death claim may still proceed. In these cases, Wyoming allows plaintiffs to bring a legal action against the executor or administrator of the defendant’s estate. If the defendant did not leave an estate in Wyoming, then the court may appoint an administrator to represent the defendant’s interests.
So while you can still file a wrongful death claim if the person at fault dies, this does make your claim more complicated. In addition, Wyoming law places strict limits on how long after death a wrongful death claim may be filed. These complexities highlight the need to hire a qualified attorney with experience in wrongful death, one who can help you understand the legal grounds for your claim.
The attorneys at the Fitzgerald Law Firm in Cheyenne, Wyoming, have been helping clients navigate Wyoming’s wrongful death laws for more than 40 years. We have the resources and the experience at trial to help you and your family seek justice. Our firm holds the record for the largest verdict for wrongful death ever upheld on appeal in the state of Wyoming.
If you’ve lost a loved one due to someone else’s negligence, contact our wrongful death attorneys. We’re here to help.