Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Wyoming, wrongful death claims are governed by the Wyoming Wrongful Death Act, which is found in Title 1, Chapter 38 of the Wyoming Statutes. This act allows the estate of the deceased, as well as surviving family members such as parents, children, and spouse, to seek compensation for their losses resulting from the wrongful death of a loved one. The claim must be filed by the personal representative of the deceased's estate, and any damages awarded are distributed to the beneficiaries as outlined in the statute. The damages may include compensation for loss of support, services, lost wages, and other contributions the deceased would have provided, as well as for emotional pain and suffering. There is a specific time limit, known as a statute of limitations, within which the wrongful death lawsuit must be filed, typically within two years of the date of death. It is important for those considering a wrongful death claim in Wyoming to consult with an attorney to understand the specific requirements and limitations of the law.