Filing a Wrongful Death Claim
Wrongful death is when someone dies due to another person’s wrongful act or neglect. Wrongful death can occur in a range of circumstances, such as due to negligence or medical malpractice. Wrongful death claims must be filed within the appropriate time following a person’s death; otherwise, the Wyoming court will be unlikely to hear it.
Only certain individuals are eligible to file a wrongful death claim on behalf of the deceased. According to Wyoming law, only established “wrongful death representatives” may file a wrongful death claim, with the county in which the deceased person lived, the deceased person died, the defendant lives or can be found, or the death occurred.
There are no specific requirements for who is considered a wrongful death representative, but the court will typically accept those who it believes will most accurately represent the best interests of the deceased person’s beneficiaries.
There are specific guidelines for who can recover damages in a successful wrongful death claim. Typically, the deceased person’s survivors will be compensated for the loss associated with the death. The wrongful death representative will be responsible for filing the lawsuit, but any damages awarded will be provided to the deceased’s beneficiaries, such as their spouse, children, parents, siblings, or grandchildren.
Types of Damages That Can Be Recovered
A successful wrongful death claim can award several types of monetary and non-monetary damages to the beneficiaries, including:
- The deceased individual’s medical bills
- Funeral and burial expenses
- Lost wages and future income that the deceased would have likely earned if they lived
- Loss of future companionship, comfort, and society
Damages are granted, however, on the basis of modified comparative fault. This means the damage award the claim is worth will be the total damage award reduced by a percentage the deceased person is found to have been at fault for in the accident. Additionally, if the deceased person is found to be more than 50% at fault for the accident, their beneficiaries cannot recover any damages.
Common Causes of Wrongful Death
Common causes may include:
- Car Accidents: Fatal accidents can be caused by reckless driving, speeding, drunk driving, distracted driving, or failure to follow traffic laws. When someone's careless or dangerous driving results in a fatal crash, the driver can be held liable for the death of the victim.
- Medical Malpractice: Healthcare providers have a duty to deliver competent and safe care to their patients. However, when doctors, nurses, or medical facilities fail to provide this standard of care, the results can be tragic. Common forms of medical malpractice that result in wrongful death include surgical errors, misdiagnosis, delayed treatment, and medication mistakes.
- Workplace Accidents: Certain industries, like construction and mining, are inherently dangerous. While safety measures can mitigate many risks, accidents still happen, and some of them result in fatalities. Employers have a legal obligation to deliver safe working conditions. If they fail to meet safety regulations or provide adequate protection for their workers, they may be held responsible for a worker's death.
- Defective Products: Manufacturers must ensure that their products are safe for consumer use. Unfortunately, some products are released with design flaws, manufacturing defects, or inadequate warnings, which can lead to serious injury or death. Whether it's a dangerous household item, a defective car part, or faulty medical equipment, manufacturers can be held accountable for deaths caused by their products.
- Criminal Acts: When a death results from intentional harm, such as assault or homicide, the perpetrator can face both criminal charges and civil liability in the form of a wrongful death lawsuit. The civil claim, pursued by the victim's family, seeks compensation for damages, while the criminal case seeks justice on behalf of the state.
What is the Statute of Limitations for a Wrongful Death Claim in Wyoming?
Wyoming law places a time limit on filing a wrongful death claim, known as the statute of limitations. In most cases, the family of the deceased has two years from the date of death to file a wrongful death lawsuit. If a claim is not filed within this time frame, it could be dismissed by the court, and the family could lose their right to pursue compensation.
Given the complexity of these cases, it is essential to consult with our wrongful death attorney as soon as possible. We can ensure that your case is filed within the appropriate time limits and help you navigate the legal process.
Understanding Wrongful Death Claims in Sweetwater County
In Sweetwater County, the heartache of losing a loved one due to wrongful death can be overwhelming. Whether the tragedy stems from a motor vehicle accident on the busy roads of Rock Springs or an incident on a local property, the impact is felt deeply within our community. Local resources, such as the Sweetwater County Coroner's Office and the Sweetwater County Sheriff's Department, can provide essential information and support during this difficult time. However, navigating the legal landscape can be daunting, especially when dealing with insurance companies and legal claims.
Families in our area often face unique challenges, such as understanding the local laws that govern wrongful death claims and the emotional toll of grief compounded by financial burdens. The costs associated with funeral arrangements, medical bills, and loss of income can be significant. Our team at The Law Offices of Hampton & Newman, L.C. can help you address these pain points. We understand the local context and are committed to advocating for your rights and pursuing the compensation you need to help you at this time.
Contact Our Wrongful Death lawyers in Sweetwater County Today
The Law Offices of Hampton & Newman, L.C. have taken injury claims to both state district and federal district courts in Wyoming. Our attorneys are aggressive about fighting for our clients’ rights and interests, especially when it comes to recovering damages for wrongful injuries. We will guide you through this emotionally challenging time and help you obtain the compensation you are due following the death of a loved one. We understand how difficult the wrongful death claim process can be, particularly when you are already overwhelmed with a heavy emotional weight. Let The Law Offices of Hampton & Newman, L.C. help shoulder the legal burden while you and your family get back on your feet.
Contact The Law Offices of Hampton & Newman, L.C. for more information about how to get started on our Sweetwater County wrongful death attorneys.
