Misconduct or negligence of someone else resulting in the death of any individual is known as wrongful death. Wrongful death can also carry criminal charges for the negligent party depending on the misconduct. However, the surviving members of the deceased member can also bring a civil lawsuit for the negligent party to seek compensation.
Wrongful death cases are different from other personal injury cases. It involves complex and time-consuming legal procedures. Lawyers from Freeburg Law, LLC can fight for your case to ensure that the deceased member gets justice for their death and the surviving members are compensated for the loss.
Statute of limitation for filing wrongful death claims in Wyoming
The state usually files criminal cases against the negligent party. The law allows the surviving members to seek compensation for their losses and damages on behalf of the deceased person.
You get two years from death to file for the claim as per the law. After two years, the family members cannot file for compensation. Even if they do, the claim will likely be rejected.
What compensation can the family members seek for the loss of their loved one?
After the wrongful death, personal representatives of the dead person can seek compensation for economic and non-economic damages. Moreover, personal representatives can seek compensation on behalf of the deceased person. Following are the compensation they can seek:
- Pain and sufferings.
- Lost wages that the deceased person could have earned in the future.
- Occurred losses while taking care of the person.
- Loss of companionship.
- Funeral costs.
- Medical bills of the deceased person.
Note that debts cannot be compensated for wrongful death.
Wyoming comparative fault statute.
As per the Wyoming civil code of procedure, if the deceased was more than 50% at fault in the wrongful death, the surviving members will not be eligible to opt for compensation. Similarly, if the dead person was less than 50% responsible for the incident, the family members can seek full compensation, but a percentage of fault will be deducted from the compensation.
Do you need a wrongful death lawyer?
Each wrongful death case is unique. Depending on who you are fighting against, the process can turn into a complex one in no time. The defendant may try to prove their innocence to avoid paying for compensation. There are chances that the defendant will have a lawyer to fight from their side.
In such a situation, working without a lawyer can result in an unfavorable outcome. Often people end up with less than they deserve or no compensation without a lawyer. Therefore, while you mourn the death of your loved ones, let a lawyer handle the case and serve justice.
