A wrongful death claim is a civil lawsuit brought by the survivors of a deceased person who died due to the negligence or intentional act of another party. The purpose of this claim is to seek compensation for the survivors’ losses, including lost wages, medical expenses, and emotional suffering. At the Ochs Law Firm in Casper, Wyoming, we are dedicated to standing by your side until justice is served and can provide you with an experienced wrongful death lawyer to oversee your case.
Who Is Eligible To File a Wrongful Death Claim in the Case of a Fatal Accident?
In Wyoming, the law is explicit about who can file a wrongful death claim. Whereas other states allow the deceased person’s relatives or the personal representative of their estate to file a wrongful death claim, Wyoming does not. In Wyoming, only a “wrongful death representative” can file the claim.
Wrongful death representatives are appointed by the court based on who they think will best represent the interests of all the beneficiaries of the claim. Those who wish to apply to be the wrongful death representative must file a petition with the court in the county where they lived, where they died, where a defendant lives or can be summoned, or where the events or events that caused the death happened.
Eligible parties include the deceased’s spouse, their children, or others who can demonstrate that they were closely connected to the deceased. Those who can show that they are primarily responsible for managing the deceased’s estate are most likely to be appointed by the court as their wrongful death representative. However, the court is also likely to look favorably on those who have already taken steps to act in the interests of all beneficiaries of the deceased’s estate.
How a Wrongful Death Lawyer in Casper, Wyoming Can Help
The decision on whom to appoint as the wrongful death representative cannot be appealed, so, if you think you are the most suitable candidate to act in this role on behalf of your deceased relative and all the other potential beneficiaries, it’s important to get all your ducks in a row. When you consult with us on a wrongful death case, we don’t just help you with the actual case against the person or people responsible for your loved one’s death. We can help you fill out the paperwork to become the wrongful death representative and prepare for the hearing in which the matter will be decided.
Who Is Eligible To Benefit from a Wrongful Death Claim?
In a wrongful death claim the primary beneficiary of any compensation is assumed to be the surviving spouse. The secondary beneficiaries are any children who were financially dependent on the deceased. This applies to biological and adopted children, and sometimes stepchildren. If the deceased had no surviving spouse or children then their parents may be eligible to receive compensation. In certain circumstances, other relatives who were financially dependent on the deceased, such as siblings or grandparents, might also be considered.
Types of Damages Recoverable
Under Wyoming law, several types of damages can be recovered in a wrongful death claim. These damages aim to compensate the beneficiaries for their losses resulting from the death of their loved one.
Economic Damages
These cover financial losses, such as medical expenses incurred before death, funeral and burial expenses, lost wages, and loss of future earnings
Non-Economic Damages
These address non-financial losses, including pain and suffering, loss of companionship, emotional distress, and loss of consortium.
Punitive Damages
In some cases where the defendant’s actions were particularly reckless or grievous, the court may decide to award punitive damages. These are intended to punish the wrongdoer and deter similar conduct from them or others in the future. While Wyoming does not cap the amount that may be awarded in punitive damages, simple negligence will not be sufficient for a court to grant them. It must be demonstrated that the defendant’s conduct was malicious or demonstrated a reckless disregard for others.
The Process of Filing a Wrongful Death Claim
Filing a wrongful death claim in Wyoming involves several steps, starting with the appointment of the wrongful death representative and culminating in the distribution of any awarded damages to the beneficiaries.
Information-Gathering and Filing
Once the wrongful death representative is appointed, a process of information-gathering will begin. With our help, you will collect documentation of the circumstances of the death, including medical records, accident reports, and any expert testimony needed to make the meaning of other evidence clear to a court. When we have all the information needed, you will file the wrongful death complaint through us. It will outline the parties involved, the facts of the case, and the claims for damages.
Discovery and Negotiation
The next stage is discovery, where both parties exchange information and evidence relevant to the case. From discovery, we move on to settlement negotiations, where the attorneys for both sides negotiate to reach a settlement that is acceptable to both parties. The wrongful death representative must approve any settlement before it can be finalized.
Trial and Distribution
Many wrongful death cases are settled out of court, but if a settlement cannot be reached, the case goes to trial. During the trial, both sides present their evidence and arguments, and a judge or jury decides whether the defendant bears responsibility for the death. If the court rules in your favor as the plaintiff, damages are awarded. As the wrongful death representative, you are then responsible for distributing them to the beneficiaries according to Wyoming law and any relevant provisions in the deceased’s will.
What’s the Difference Between a Wrongful Death Case and a Manslaughter or Negligent Homicide Case?
The same event can result in the filing of both these kinds of cases, but what exactly is the difference? They are different in several key points, including who files the case, the burden of proof, and the potential consequences.
Even though manslaughter and negligent homicide harm individuals, they are considered to be a crime against society. Criminal charges are brought by the state and are tried in a criminal court. Wrongful death is a crime brought in a civil court by the family of the deceased. Civil cases are filed by private citizens or companies against each other, and the focus is on liability and damages.
Criminal cases have greater consequences, such as imprisonment, and so the burden of proof is higher. A jury must be satisfied that a defendant is guilty “beyond reasonable doubt” to convict them of a crime. Civil cases require a lower burden of proof, seeking “a preponderance of the evidence,” meaning that it is more likely than not that something occurred in a particular way.
In the case of a fatal accident, the wrongful death claim must be filed by the wrongful death representative; a person who is judged by the court to be the best candidate to represent all the potential beneficiaries of the suit. Whether you have already filed a wrongful death claim or are looking to be appointed the wrongful death representative, contact us at the Ochs Law Firm in Casper, WY.
