When a person is injured as the result of another’s negligence, the injured party maintains the right to file a civil action for personal injury damages against the at-fault party.
Similarly, when an injury results in death, the estate of that person (via the personal representative of the estate) may seek damages for wrongful death. This type of civil action allows beneficiaries of a deceased’s estate to recover economic and noneconomic losses.
At the law firm of Platte River Injury Law, our Wyoming wrongful death lawyers have experiencing navigating these claim types and can provide you with the qualified legal representation you deserve.
Cause of Action for a Wrongful Death Claim
In Wyoming, a person’s ability to bring forth a wrongful death claim is governed by Wyoming Statutes Annotated – Section 1-38-101. The statute reads that a wrongful death claim is permissible whenever the death of a person is caused by wrongful act, neglect, or default. Default means the injured party would have been entitled to recover damages if they had survived. In order to win a wrongful death claim, a plaintiff must establish that:
- The defendant owed the decedent a duty of care;
- The defendant breached the duty of care owed to the decedent via a wrongful act, neglect, or default; and
- Death of the decedent would not have occurred but for the breach of duty of care.
Damages Recoverable in a Wrongful Death Claim
Losing a loved one is a tragic and life-changing experience. The loss may leave you saddled with various debts, expenses, and income losses that you would not have experienced otherwise. Via a wrongful death suit, you may seek compensation for the full value of your losses. These losses include funeral and burial expenses, medical expenses incurred prior to death, the lost wages and loss of earning capacity of your loved one, and more.
Who Can File a Wrongful Death Action?
In Wyoming, a personal representative of the deceased person’s estate must bring the wrongful death claim. Sometimes, a person’s will names a personal representative. The court can assign a personal representative if no one was named. The personal representative of the estate will file the claim on the behalf of the estate and any beneficiaries of the estate, such as the decedent’s children or spouse.
Get Started Today – Call Platte River Injury Law
At Platte River Injury Law, our team of qualified Wyoming personal injury and wrongful death lawyers want to provide you with the legal support that you need when your loved one’s life has been lost as a result of another party’s negligence.
When you call our team, we will start working to build your case and recover the settlement that you deserve.
You only have two years from the date of death to file a wrongful death claim, so it’s important that you start building your case today. Contact our lawyers now to schedule your free consultation and learn more about how we can help.