Wyoming Wrongful Death Lawyer

The loss of a loved one can be a devastating experience. If the death was preventable or due to another person’s wrongful actions, the situation can become almost unbearable. Not only do these family members have to deal with immense grief and suffering, but they usually have no idea what actions the civil justice system provides them. In truth, many do not realize that they are entitled to compensation from the individual who caused their loved one’s death.

At Ochs Law Firm, we understand that no amount of money can bring your family member back. However, we also know that monetary recovery is needed during this time, especially to help alleviate some of the issues and worry resulting from your loved one’s passing. We also feel that when a family loses a relative, it can be therapeutic when the liable party is brought to justice. For these reasons, our Wyoming wrongful death lawyers are here and ready to help you during this challenging time and fight for the compensation and justice your family deserves under the law.

Wrongful Death Claim—What Is It?

A wrongful death claim is a unique lawsuit brought against an individual who is responsible for another person’s death. Typically, the claim is brought in a civil action by close family members, relatives, or personal representatives. However, this is determined by the state’s statute.

In general, these wrongful death claims occur from any death caused by intentional or negligent actions of another person or entity. If the claim is successful, it can result in monetary compensation for the decedent’s survivors.

What Types of Accidents Can Lead to a Wrongful Death Claim in Wyoming

A wrongful death claim can result from numerous incidents or accidents. However, they generally arise after a situation in which a victim would have had a valid personal injury claim had they not died from the defendant’s wrongful actions.

For instance, they can arise from:

• Motor Vehicle Accidents
• Motorcycle Accidents
• Violent Crimes
• Medical Malpractice Incidents
• Slip and Fall Accidents
• Defective Product Accidents
• Sexual Assault and Trauma

It is important to note that these are only a few examples of cases that can turn into a wrongful death claim. A wrongful death claim can result from any personal injury accident. For these reasons, if you have lost a loved one due to such an accident, you need to speak to one of our Wyoming wrongful death lawyers as quickly as possible. Our wrongful death attorneys can promptly go over your case and determine whether you have a viable wrongful death claim.

Determining Liability in Wrongful Death Cases in Wyoming

Determining liability in wrongful death cases in Wyoming involves considering state-specific laws and circumstances. Here’s how liability is established in Wyoming:

• Comparative Fault: Wyoming follows a modified comparative fault system, meaning if the deceased shared fault for the accident leading to their death, the compensation may be reduced based on their percentage of fault. However, if the deceased is found to be 50% or more at fault, their surviving family members may not recover damages.

• Wrongful Acts: Individuals or entities may be held liable for wrongful death if their negligent or intentional acts caused the death. This includes actions such as reckless driving, medical malpractice, or premises liability.

• Product Liability: If a defective product caused the death, Wyoming’s product liability laws allow holding manufacturers, distributors, or sellers accountable for the harm caused.
• Statutory Liability: Wyoming statutes may establish specific liability in certain situations, such as dram shop laws holding alcohol vendors liable for injuries caused by intoxicated patrons.

Determining liability requires thorough investigation and understanding of Wyoming’s legal framework.

Understanding Damages in Wrongful Death Claims in Wyoming

In Wyoming, wrongful death claims allow for various types of damages to compensate for the losses suffered by the deceased’s loved ones. These damages may include:

• Economic Damages:

  • Funeral and burial expenses incurred by the surviving family members.
  • Medical expenses related to the deceased’s final injury or illness.
  • Loss of financial support, including future income and benefits, to the surviving family members.
  • Property damage resulting from the incident leading to the death.

• Non-Economic Damages:

  • Pain and suffering endured by the deceased before death, as well as mental anguish experienced by surviving family members.
  • Loss of companionship, care, and guidance provided by the deceased.
  • Emotional distress suffered by surviving family members due to the loss.

• Punitive Damages: In cases involving egregious conduct, Wyoming allows for punitive damages to punish the at-fault party and deter similar behavior.

Understanding the types of damages available in Wyoming helps in assessing the full extent of compensation that may be pursued in a wrongful death claim.

Statute of Limitations for Wrongful Death Claims in Wyoming:

In Wyoming, there are specific statutes of limitations governing the time frame for filing wrongful death claims. Key points include:

• Time Frame: The statute of limitations for filing a wrongful death claim in Wyoming is generally two years from the date of the deceased’s death.
• Importance of Timeliness: Failing to file within this time frame can result in the court dismissing the case, barring the opportunity for compensation.
• Exceptions: Wyoming law may provide exceptions to the statute of limitations in certain circumstances, such as if the death wasn’t immediately evident or if the claim involves a minor or incapacitated individual.
• Legal Counsel: It’s crucial to seek legal advice promptly to ensure compliance with Wyoming’s statute of limitations and preserve the right to pursue a wrongful death claim.

Understanding Wyoming’s statute of limitations ensures timely action in initiating legal proceedings for wrongful death cases.

Why Should I Hire a Wyoming Wrongful Death Lawyer?

In Wyoming, if you lost a loved one due to wrongful death, you may be entitled to specific compensation, including:

• Funeral Expenses
• Burial Expenses
• Any medical treatment costs or bills the deceased incurred as a result of their injury before their death
• Any of the deceased’s expected income had they survived
• The deceased’s pain and suffering they incurred as a result of their injuries before their death
• Any property damages
• Loss of the deceased’s companionship, care, and comfort

The best way to pursue these damages is to speak to one of the experienced Wyoming wrongful death lawyers at Ochs Law Firm. Our wrongful death attorneys can go over all these losses and counsel you on the remedies available.

In addition, having a wrongful death lawyer on your side during this time is especially critical, as many aggressive insurance adjusters will try to do whatever they can to deny your claim or get you to agree to a smaller settlement. However, when our legal team is working on your behalf, you will not have to worry about insurance companies playing games. We can handle all the negotiations and discussions with them while providing you with maximum compensation and maximum peace of mind.

Filing a Wrongful Death Claim in Wyoming

A wrongful death claim can only be brought by a personal representative of the deceased’s estate in Wyoming. This person will represent the best interests of all the potential beneficiaries of the lawsuit, and all the compensation obtained is for the exclusive benefit of these beneficiaries. It is also critical that the personal representative acts fast, as they will only have two years to file this claim from the decedent’s death. If the case is not filed within this time period, the court can refuse to hear it, and the beneficiaries will not be able to obtain the compensation they deserve.

Contact an Experienced Wyoming Wrongful Death Lawyer

For fifteen years, the Ochs Law Firm has been representing victims of personal injury cases in Wyoming, Idaho, and even nationwide. We have made it a goal to fight on behalf of those who cannot fight for themselves.

That is why if you have lost a loved one due to another person’s wrongful actions, you need to reach out to one of our wrongful death lawyers in Wyoming. Once retained, our lawyers can:

• Go over your case in detail, answer any questions you have, and determine the best legal course of action you can pursue.
• Investigate the accident and gather the critical evidence needed to show what happened and who was at fault.
• Fight for the compensation you and your family need.
• Provide you with the legal help you deserve.

Do not wait any longer. Our firm wants to hear your story. Contact us today to get a free consultation and get your urgent questions answered.