Cheyenne, Wyoming Wrongful Death

What To Know About Wyoming Wrongful Death Cases

A wrongful death claim in Wyoming is similar to a personal injury case in many respects. However, there are several unique features to keep in mind:

Only a Wrongful Death Representative Can Bring a Wrongful Death Claim

First, not just anyone can file a wrongful death claim after losing a loved one. Only a wrongful death representative can be appointed by the court to bring such a claim. 

To become a decedent’s wrongful death representative, you need to file a petition in the county where the decedent lived or died, where any defendant can be summoned, or where the wrongful death occurred.

Compensation Benefits Only Certain Surviving Family Members

Although the wrongful death representative brings the claim, any compensation is meant to benefit the decedent’s spouse, children, grandchildren, parents, and siblings. This compensation can serve to address the following:

• The decedent’s final medical expenses
• The decedent’s burial and funeral expenses
• The loss of the decedent’s future monetary earnings
• The absence of the decedent’s support and comfort

Thus, unlike a typical personal injury case, the person who brings the claim may not be the one who benefits from the recovery.

Punitive Damages May Be Available

Punitive damages, sometimes called “exemplary damages,” punish the at-fault party for their actions to deter others from acting similarly. These damages are above and beyond the other damages the surviving family members might be entitled to receive. 

However, these damages are typically available only in cases where the at-fault party acted willfully or with indifference to others’ safety.

Claims Must Be Brought Within Two Years

The statute of limitations in Wyoming for wrongful death actions is two years from the date of the decedent’s death. If the representative tries to bring a claim later than this, the court may dismiss the action without awarding any compensation. While there are some exceptions to this deadline, they are narrow in their applicability.

For example, suppose someone’s family member was involved in a truck crash on January 1, 2023. They were in a comatose state for several months before passing away on March 31, 2023. This latter date is the date the statute of limitations begins to run. It would expire on March 31, 2025.

Why Choose Bachus & Schanker?

We care deeply about our injured clients, especially those who have lost a loved one under senseless circumstances. One of our firm’s founders experienced this type of loss first hand due to a negligent truck driver. Out of this horrible experience came a deep appreciation and empathy for what our wrongful death clients endure and experience.

When you choose Bachus & Schanker to represent you, you are selecting an advocate who understands what you’re going through. We work tirelessly to help our clients’ cases succeed, and we take pride in supporting you every step of the way. 

Contact Bachus & Schanker today to experience the difference of working with a firm that has been where you are.

Comprehensive Support For Survivors

Bachus & Schanker’s Elite Litigation Group has the tools and knowledge to effectively pursue wrongful death compensation for our clients. One of our group’s most valuable assets is our group of Victim’s Advocates. As a Cheyenne wrongful death client, your advocate will be invaluable as your claim progresses.

In some cases, a wrongful death comes about because of a criminal act. As a result, there may be criminal proceedings that parallel your civil wrongful death claim. Your advocate can:

• Conduct an independent investigation into your loved one’s passing and share pertinent information with the prosecution
• Advocate that the prosecution promptly file appropriate charges
• Keep you informed of the progress of the criminal case
• Assist you in accessing available resources that can help you and your family
• Help you prepare for hearings in which you will need to testify
• Answer other questions and concerns you may have about your cases

Working with your Wyoming wrongful death attorney, your advocate can clear up misconceptions about the legal process. They can also play an integral role in helping achieve a just outcome in both your civil and criminal cases.

Contact a Cheyenne, Wyoming Wrongful Death Lawyer Today 

If your loved one died in Cheyenne or elsewhere in Wyoming because of another person’s actions, turn to Bachus and Schanker Wrongful Death Attorneys in Wyoming. As a spouse, child, grandchild, parent, or sibling of the decedent, you may have a right to receive compensation. 

Our firm’s team understands the pain and grief you are experiencing. We cannot undo what happened, but we can help you hold those responsible for your loved one’s death accountable. Let us fight for your family’s future.

Sources: 

Medical Malpractice Noneconomic Damage Limits.

Wyoming Statutes Title 1. Code of Civil Procedure § 1-38-102.

Wyoming Statutes Title 1. Code of Civil Procedure § 1-38-103.