Losing a family member because of someone else's negligence is one of the most painful experiences a person can go through. The grief is immediate, but the financial and legal consequences can last for years. Wyoming law gives surviving family members the right to seek accountability through a wrongful death claim, and understanding that process can make a real difference in what happens next.
At Vickery & Shepherd, our attorneys handle wrongful death cases throughout Wyoming with focused attention and straightforward communication. If you've lost someone and want to understand your options, we're here to help.
What Is Wrongful Death in Wyoming
Wyoming’s wrongful death statute, found at Wyo. Stat. §1-38-101, allows surviving family members to bring a civil lawsuit when a person dies as a result of another party’s wrongful act, neglect, or default. This is a separate legal action from any criminal case that might arise from the same incident. A wrongful death claim focuses on compensating the surviving family, not punishing the at-fault party in the criminal sense.
How the Law Defines a Wrongful Death
Wyoming law applies when a death is caused by conduct that would have entitled the deceased person to file a personal injury lawsuit had they survived. This includes situations involving negligence, recklessness, or intentional harm. The standard is civil, meaning the burden of proof is lower than in a criminal proceeding.
Common Causes of Wrongful Death Claims
Fatal car accidents, workplace accidents, medical errors, and defective products are among the most common causes of wrongful death claims in Wyoming. Each situation involves different facts, different liable parties, and different types of evidence. Our attorneys work to build a clear picture of what happened and who bears responsibility.
The Statute of Limitations in Wyoming
Wyoming law gives surviving family members two years from the date of death to file a wrongful death lawsuit under Wyo. Stat. §1-3-107. Missing this deadline generally means losing the right to seek compensation entirely. Acting promptly allows time to gather evidence, identify witnesses, and build a thorough case.
Who Can File a Wrongful Death Claim in Wyoming
Not everyone connected to the deceased can file a wrongful death claim. Wyoming law sets specific rules about who has the legal right to bring this type of lawsuit. Understanding these rules is an important first step for any family considering legal action after a fatal accident.
The Personal Representative’s Role
Under Wyoming’s wrongful death statute, the action must be brought by the personal representative of the deceased person’s estate. This is typically someone named in the deceased’s will or appointed by the court. The personal representative acts on behalf of the surviving family members who are entitled to recover damages.
Who Benefits from a Wyoming Wrongful Death Lawsuit
The damages recovered in a wrongful death action in Wyoming go to the surviving spouse, children, and, in some cases, other dependents of the deceased. The court considers the relationship each beneficiary had with the person who died. This is distinct from states where only certain categories of family members may recover.
Cases Involving Children or Unmarried Individuals
When the deceased was a child or an unmarried adult without dependents, the rules around who may recover and what damages are available can differ. Wyoming courts look carefully at the facts of each case. Our attorneys can assess your family’s specific situation and explain what the law allows.
Damages in a Wyoming Wrongful Death Lawsuit
Wyoming law permits recovery of both economic and non-economic damages in a wrongful death lawsuit. Economic damages cover measurable financial losses, while non-economic damages address the less tangible but equally real harm that comes with losing a loved one. Understanding what damages may be available helps families make informed decisions about whether to pursue a claim.
Economic Damages You May Recover
Economic damages in a Wyoming wrongful death case can include the deceased’s lost future earnings, medical expenses incurred before death, and funeral and burial costs. These figures are often supported by financial records, employment history, and expert analysis. The goal is to account for what the family has lost in concrete financial terms.
Punitive Damages in Wrongful Death Cases
In cases involving particularly reckless or willful conduct, Wyoming courts may award punitive damages in addition to compensatory damages. These are not guaranteed and depend heavily on the specific facts of the case. Our attorneys can evaluate whether the circumstances of your loss may support a claim for punitive damages.
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Frequently Asked Questions About Wyoming Wrongful Death Claims
Families facing a wrongful death situation often have similar questions about the legal process. The answers below address some of the most common concerns, though every case is different and a direct conversation with an attorney is the best way to understand your specific circumstances.
Wyoming law requires that a wrongful death lawsuit be filed within two years of the date of death. This deadline is set by Wyo. Stat. §1-3-107 and is strictly enforced. Waiting too long can permanently bar a family from seeking compensation.
Yes, a civil wrongful death claim and a criminal case can both proceed from the same incident. They are separate legal proceedings with different standards of proof. A criminal conviction is not required for a wrongful death claim to succeed.
Wyoming follows a modified comparative fault rule, which means a family may still recover damages even if the deceased was partly responsible for the accident. However, recovery is reduced in proportion to the deceased’s share of fault, and recovery is barred if that share reaches fifty percent or more. This rule can significantly affect the outcome of a case.
The timeline varies depending on the facts, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in months, while others take longer. Our attorneys work to move cases forward efficiently without sacrificing the thoroughness your family’s situation deserves.
While Wyoming law does not require an attorney, wrongful death cases involve procedural requirements, evidence gathering, and legal arguments that are difficult to manage without legal experience. Having an attorney also means having someone to handle negotiations with insurance companies on your behalf. Most wrongful death attorneys, including ours, handle these cases on a contingency fee basis.
If the responsible party is uninsured or underinsured, there may still be options for recovery. These can include claims against other liable parties, uninsured motorist coverage, or other sources depending on the facts. Our team can review the specifics of your case and identify every available avenue for compensation.
Contact an Experienced Wrongful Death Lawyer for a Free Consultation
If you’ve lost a family member due to someone else’s negligence, you don’t have to figure out your legal options alone. At Vickery & Shepherd, we handle wrongful death claims across Wyoming and are ready to listen to what your family has been through. Contact our team to schedule a consultation and learn how we may be able to help.
Lawyers Dedicated to Seeking Justice
Our attorneys have a proven track record of winning personal injury and wrongful death cases in court. When you choose us, you're choosing a team with the experience and determination to fight for your rights relentlessly!