Wyoming Wrongful Death Lawyer

Who brings a wrongful death claim in Wyoming?

In Wyoming, the claim is brought by a wrongful death representative appointed by the court. That person acts on behalf of the family members entitled to recover, not for themselves alone.

The family members who share in the recovery are generally the close relatives who would inherit under Wyoming law, such as a spouse, children and, in some cases, parents. Appointing the representative is an early step, and choosing someone organized and trusted by the family helps the case move smoothly.

What damages can a Wyoming family recover?

Wyoming allows both financial and personal losses in wrongful death cases, and the state constitution prohibits caps on these damages.

• Loss of probable future companionship, society and comfort
• Loss of care, guidance and advice
• Lost financial support the person would have provided
• Lost services, such as household help and child care
• Medical expenses from the final injury
• Funeral and burial costs

Because there is no cap, a carefully documented claim matters. Evidence about the person's relationships, work, plans and role in the family helps a jury understand the full loss.

How long does a Wyoming family have to file?

Most Wyoming wrongful death claims must be filed within 2 years of the death. That is half the time allowed for most injury claims, and the difference catches many families off guard.

Consider a worker hurt in a Gillette-area rig accident who dies from those injuries months later. The worker's own injury claim would have had 4 years. The family's wrongful death claim generally has 2 years from the death. Assuming the longer period applies can cost the family its case. If the death resulted from medical care, the malpractice deadline also applies. Our Wyoming medical malpractice page explains those rules.

How does shared fault affect a Wyoming wrongful death claim?

The family's recovery is reduced by the share of fault assigned to the person who died, and barred if that person was more than 50% at fault.

Here is a worked example. A driver is killed when a tractor-trailer drifts across the center line on a two-lane highway near Rock Springs. The family's damages are estimated at $2,000,000. The carrier argues the driver was speeding and could have swerved.

• If a jury finds the driver 10% at fault, the family recovers $1,800,000.
• If a jury finds the driver 50% at fault, the family recovers $1,000,000.
• If a jury finds the driver 51% at fault, the family recovers nothing.

Truck data, lane evidence and witness accounts often decide where fault falls.

While the investigation runs, a few practical steps help the family protect the claim:

1. Order several certified copies of the death certificate.
2. Keep medical bills, funeral receipts, pay stubs and tax returns together.
3. Save photos, messages and videos that show the person's role in the family.
4. Write down the names of witnesses, troopers and treating providers.
5. Avoid signing releases or giving recorded statements to an insurer before getting advice.

Can an oilfield or mining death lead to a lawsuit in Wyoming?

Sometimes. Workers' compensation death benefits are usually the main remedy against the employer, and they generally limit lawsuits against the employer. But a family may bring a wrongful death claim against third parties, such as another contractor on the site, an equipment maker or the operator that controlled the work.

On multi-company well sites and mines, several companies may share responsibility. Contracts, safety records and incident investigations help show who controlled the work. Our workplace and construction injuries page explains those third-party claims.

Is a criminal case the same as a wrongful death claim?

No. A criminal case is brought by the state to punish a crime, such as vehicular homicide. A wrongful death claim is a civil case brought on behalf of the family to recover compensation.

The civil case uses a lower standard of proof, so a family can succeed even without a criminal conviction. A conviction can help prove the civil case, but families should not wait for the criminal case to end, because the 2-year civil deadline keeps running. Read more on our wrongful death page, and visit our Wyoming injury law hub for other rules. We offer a free case review, and there is no fee unless we win.