When it comes to losing a loved one due to someone else’s negligence, the last thing on anyone’s mind is the legal aspect. However, it is important to know that you have the right to file a wrongful death claim in Wyoming. In this article, we will explore who can file such a claim.
Table of Contents
Overview of Wrongful Death Claims
First, let us understand what is meant by wrongful death claims. A wrongful death claim is a legal action taken when someone dies as a result of the negligence, recklessness or intentional act of another person or entity.
In Wyoming, the law allows the family members or representatives of the deceased person to file a wrongful death claim to seek compensation for the damages caused by their loved one’s death.
Who Can File A Wrongful Death Claim?
Under the Wyoming statutes, the following parties are eligible to file a wrongful death claim:
The Surviving Spouse
The surviving spouse of the deceased person has the right to file a wrongful death claim. The term spouse includes individuals who are legally married, as well as those who were in a common-law marriage recognized under Wyoming law.
Children
Children of the deceased person, whether biological or adopted, can file a wrongful death claim. If the deceased didn’t have any children, their grandchildren, or parents may have a right to file a claim.
Personal Representative or Executor
If the deceased person has appointed a personal representative or executor of their estate, that person can file a wrongful death claim on behalf of the deceased. The executor of the estate can pursue a claim for damages that occurred between the time the injury occurred and the time of the deceased’s death.
In the Absence of Spouse or Children
If there isn’t any surviving spouse or children, or if they choose not to file the claim, the following parties may file a wrongful death claim:
- The surviving parents of the deceased person
- The representative of the estate, if there isn’t any surviving spouse, children or parents.
Dependency Requirements
It’s important to note that not just anyone can file a wrongful death claim. The eligible parties must show that they depended on the deceased financially. Examples of dependency include financial support for daily living expenses, healthcare needs, or educational expenses.
Time Limits to File a Wrongful Death Claim
Lawsuits must be filed within the time limits established by Wyoming law. In Wyoming, the deadline for filing a wrongful death claim is two years from the date of the deceased’s death. If the claim isn’t filed within this timeline, the court will dismiss it, and the plaintiffs will lose their right to compensation.
Conclusion
Losing a loved one is devastating, and trying to navigate the legal system can add to the stress and grief. If you have lost someone due to someone else’s negligence, it’s essential to speak with an experienced wrongful death attorney who can help you understand your legal rights and pursue compensation.
In Wyoming, the surviving spouse, children, personal representative or executor, or parents may have the right to file a wrongful death claim. However, it is important to know that there are time limits within which these claims must be filed, so act quickly to seek justice for you and your family.