Who can sue for wrongful death in Wyoming?

If the spouse, child, or parent of the deceased person is still alive, the estate’s debts, if any, cannot be paid from any damages won in the wrongful death case. The personal representative has two years to file a wrongful death claim in a Wyoming court, which is measured from the date of death.

What constitutes wrongful death?

A wrongful death lawsuit results when a party can be found liable for a person’s death, either through negligence or intentional actions. This could include a car accident where the driver was acting negligently, a medical malpractice case where the patient died, or even death from an attack or assault (i.e. murder.)

How does wrongful death law work in Wyoming?

Wyoming’s wrongful death law covers situations in which a death results from the “wrongful act, neglect, or default” of another person. One way to think of a wrongful death claim is as a personal injury lawsuit that can no longer be brought to court, because the person who died cannot serve as the plaintiff.

Is there a statute of limitations on wrongful death?

For example, minor children cannot use up their statute of limitations while they are still minors. Thus, in a wrongful death action by a child for the death of his mother, the child can file the wrongful death action many years later as the statute of limitations would not start to count down until the child turned 18 years old.

How is the discovery rule used in wrongful death cases?

A rule known as the “discovery rule” may be applied in wrongful death actions to determine whether the decedent knew or should have known of the cause of his illness or injury before his death, so as to start the running of the limitations period in the wrongful death action before the decedent’s death.

Can a family member bring a wrongful death case?

Although the deceased person cannot bring a personal injury claim, certain other people may bring that case to court as a wrongful death case to seek compensation on the deceased person’s behalf. Family members may also use a wrongful death case to get compensation for their own losses stemming from the death.

What is the comparative fault rule in Wyoming?

Under Wyoming’s comparative fault rule, the pedestrian’s estate will be able to recover a total of $75,000 in damages. This number equals the $100,000 total minus $25,000, or the 25 percent of fault assigned to the pedestrian.