What is a wrongful death claim?
The Injury Law Firm has handled many of these cases. A wrongful death claim is a civil lawsuit brought when a person's death is caused by the negligence, recklessness, or wrongful conduct of another individual, company, or entity. These claims seek compensation for the losses suffered by surviving family members and beneficiaries.
Who can file a wrongful death lawsuit in Wyoming?
Wyoming law has specific rules regarding who may bring a wrongful death claim on behalf of surviving family members. Because these cases involve unique legal requirements, it is important to consult an experienced wrongful death attorney as soon as possible after the loss of a loved one.
What types of accidents can lead to a wrongful death case?
Wrongful death claims may arise from many different situations, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical negligence
- Nursing home negligence
- Workplace accidents
- Oil field accidents
- Defective products
- Premises liability incidents
- Pedestrian accidents
What damages are available in a Wyoming wrongful death lawsuit?
Depending on the circumstances, compensation may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of future income and benefits
- Loss of companionship and support
- Loss of friendship, society, and comfort going forward in life
- Loss of household services
- Other economic and non-economic damages allowed by law
In some cases, punitive damages may also be available.
How long do I have to file a wrongful death lawsuit in Wyoming?
Wyoming imposes a limited deadline for filing wrongful death claims. Usually it is no later than two years after the death and there may be exceptions that shorten this time frame. Missing the applicable statute of limitations may prevent your family from recovering compensation. Because exceptions may apply, it is important to speak with an attorney promptly.
How do you prove a wrongful death case?
Most wrongful death claims require evidence showing:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach caused the death.
- Surviving family members suffered damages as a result.
Evidence may include accident reports, medical records, expert testimony, witness statements, photographs, and financial documentation.
What is the difference between a criminal case and a wrongful death lawsuit?
A criminal case is brought by the government and may result in penalties such as fines or imprisonment. A wrongful death lawsuit is a civil action seeking financial compensation for surviving family members. In some situations, both a criminal case and a civil wrongful death claim may arise from the same incident.
Can I file a wrongful death claim if criminal charges were never filed?
Yes. A wrongful death claim is separate from any criminal proceeding. Even if no criminal charges are filed-or if the defendant is acquitted-surviving family members may still have the right to pursue a civil wrongful death case.
What if my loved one died in a car or truck accident?
Sadly, many of the Injury Law Firm's wrongful death cases have derived from car/truck crashes. Fatal motor vehicle collisions are among the most common causes of wrongful death claims. If another driver's negligence contributed to the crash, surviving family members may be entitled to pursue compensation for their losses.
Can medical malpractice result in a wrongful death lawsuit?
Yes. When a doctor, hospital, nurse, or healthcare provider fails to meet the accepted standard of care and that failure causes a patient's death, surviving family members may have grounds for a wrongful death claim.
How much is a wrongful death case worth?
Every case is unique. The value of a wrongful death claim depends on factors such as:
- The age of the deceased
- Lost future earnings
- Medical expenses
- Funeral costs
- The relationship between family members and the deceased
- The circumstances surrounding the death
An attorney can evaluate the specific facts of your case and estimate potential damages.
How long does a wrongful death lawsuit take?
The timeline varies depending on the complexity of the case, the amount of evidence involved, insurance issues, and whether the matter settles or proceeds to trial. Some cases resolve within months, while others may take significantly longer.
Will I have to go to court?
Not necessarily. Many wrongful death claims are resolved through settlement negotiations. However, if a fair settlement cannot be reached, litigation may be necessary to pursue full compensation.
What does it cost to hire a wrongful death attorney?
Many wrongful death attorneys handle cases on a contingency fee basis. This means there are typically no upfront attorney fees, and legal fees are paid only if compensation is recovered. Injury Law Firm handles personal injury and wrongful death cases on a contingency fee basis.
Why should I contact a wrongful death lawyer immediately?
Critical evidence can disappear quickly after a fatal accident. Witness memories may fade, records can be lost, and important filing deadlines may apply. Speaking with an attorney as soon as possible can help protect your family's rights and preserve valuable evidence.
Why choose the Injury Law Firm for a Wyoming wrongful death case?
The Injury Law Firm has represented Wyoming families for decades and serves clients throughout Casper, Douglas, Gillette, Riverton, and the entire state. The firm investigates wrongful death claims, identifies responsible parties, and seeks compensation for the financial and emotional losses suffered by surviving family members. The firm also offers free consultations and contingency fee representation.