Wyoming Wrongful Death Lawyer
In Wyoming, the law recognizes wrongful deaths as situations where a person’s or entity’s negligence, misconduct, or default liability results in fatal injuries. Most of the jurisdictions around the country follow a similar legal concept. These tragic and unnecessary accidents devastate surviving family members emotionally, spiritually, and financially. If you’re seeking justice on behalf of a deceased loved one, the Kent Spence Law Firm is prepared to take on your fight.
Wrongful Death Claims in Wyoming
Wrongful death claims in Wyoming are similar to personal injury lawsuits except that the deceased cannot be a plaintiff in court. Instead, certain parties can file a civil suit in court seeking compensation on behalf of the victim.
A wrongful death lawsuit can be filed at the same time as a criminal proceeding. However, it is essential to understand that they differ in two significant ways. To begin with, wrongful death suits are filed by the loved ones of the deceased, while the state prosecutes criminal proceedings. They also differ regarding compensation. Wrongful death cases are compensated monetarily, while criminal cases may result in fines, but those don’t always compensate the victim’s family, and sentences usually include jail time, probation, and other penalties.
Who Can File a Wrongful Death Lawsuit?
In Wyoming, only the personal representative of the victim’s estate may file a wrongful death suit. They may seek compensation for funeral and burial expenses, cost related to property damage, medical bills, potential lost wages, and damages for pain and suffering. In other jurisdictions where the Kent Spence Law Firm practices, other parties, such as family members, may bring forth wrongful death suit.
Family members can participate in the lawsuit to seek compensation for their losses stemming from the victim’s death. The deceased person’s spouse, children, parents, and any dependents can seek damages for an array of injuries including loss of present and future companionship, emotional pain and suffering, and the loss of the victim’s care.
Statute of Limitations
In Wyoming, the representative of the deceased person’s death has two years from the date of the death to file a lawsuit in court. Failure to meet the deadline will likely result in your case never being heard in court, leaving your family with little legal recourse. Other jurisdictions have a statute of limitations on wrongful death suits of one, two, or three years. For this reason, it’s essential to retain the services of a qualified, experienced personal injury lawyer as early as possible.
Establishing Liability in Wyoming
Accident-related deaths can happen anywhere, like in a car accident, in the workplace, or under the supervision of a caretaker. Whether fatal injuries resulted due to a wrongful act, negligence, or from a defective product, gathering evidence is vital to establishing liability and requires a proper investigation.
Furthermore, they may not occur in the state of Wyoming. If your are pursuing a wrongful death claim for a family member who resides in another state, you will require an attorney who has experience pursuing claims outside the state of Wyoming.
Every situation is different, but all wrongful death cases warrant the help of a trusted attorney who will fight to get your family the maximum compensation you need during these devastating times.
Comparative Fault Rule
In Wyoming, the courts follow the comparative fault rule when determining liability in cases where the deceased is partially responsible for their own deaths. The representative of the estate could recover damages where the fault of the victim is determined to be 50% or less for their fatal injuries. Moreover, total compensation is reduced depending on the victim’s percentage of fault.
For instance, imagine a pedestrian sustained fatal injuries from a car that ran a red light. The total compensation for the accidental death is determined to be $100,000. However, the court finds the victim to be 10% at fault since they crossed the road without checking that the intersection was clear. Since the victim was less than 50% at fault, the representative of the estate can collect damages, but the total amount is reduced to $90,000.
The Kent Spence Law Firm Takes on Wrongful Death Cases Nationwide
After the premature death of a loved one, surviving family members are forced to deal with the all-consuming shock and grief. Unfortunately, instead of being able to take time to grieve, surviving family members must overcome long-term financial and legal problems. The Kent Spence Law Firm takes on wrongful death cases throughout the United States and is prepared to help you fight for justice on behalf of your deceased loved one. We understand the unique plight you are facing and want to help you obtain the compensation you deserve to help you through this challenging time. Call today for a free consultation and get started on the better side of justice.
Other Personal Injury Practice Areas:
- Car Accidents
- Trucking Accidents
- Dog Bites
- Medical Malpractice
- Slip and Fall
- Oil Field Accidents
- Product Liability
- Industrial and Work Accidents
- Motorcycle Accidents
- Explosion Accidents
- Carbon Monoxide Poisoning
- Railroad Accidents
- Aviation Accidents