Wyoming Wrongful Death Lawyer
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Your Loved One Has Died Freeburg Law
That is the essential fact of a wrongful death case. You lost your person suddenly. They’re gone and now you’re grieving. At some point in that process, you consider litigation. That’s where we come in. Unfortunately, we don’t have a time machine. We can’t take back what happened.
However, we are here to help. To find out if you have claims for a wrongful death case, use our Free Case Evaluation. A wrongful death lawyer from Freeburg Law will give you honest advice.
Even if we can’t help, we’re happy to recommend someone who can. Our experience in handling death lawsuits allows us to provide expert guidance to our clients.
What to Consider
We can help you evaluate whether someone else was at fault and what to do about it.
There are a couple of issues with wrongful death cases. But first, a caveat. Do not draw conclusions from what you read on the Internet. Talk to a lawyer licensed in Wyoming like us.
Expect the answer to take some time. The only way to figure this out properly is to measure twice and cut once—your lawyer needs to check the rules very carefully.
One issue is standing. Standing is the idea of who can bring a wrongful death lawsuit. Each state has slightly different rules. In Wyoming, there’s a Wrongful Death Representative (W.S. 1-38-101).
Generally, a spouse can bring a claim for the death of their partner. A child can bring a claim for the death of a parent. A sibling may be able to bring a claim for the death of a sibling. A parent can sometimes bring a claim on behalf of a child, but if the child has a spouse, perhaps only the spouse can bring the claim. It depends.
A boyfriend or girlfriend, generally, cannot bring a claim for the death of a partner—and, yes, we recognize that is profoundly unfair in certain instances.
Our job is to tell you what the law is, even when it’s not in your favor. As your advocate, we’re here to protect your rights and ensure you understand the legal process.
TYPES OF PERSONAL INJURY
Very pleased.
Alex was very helpful during a stressful time for my family. He thoroughly explained the process and kept us informed of the procedure. We felt he always had our best interest at heart.
STEVEN
What is Wrongful Death?
A wrongful death happens when someone’s life is cut short because of another party’s negligence, recklessness, or illegal actions. This could occur in various situations, whether it’s a car accident, a case of medical malpractice, or a workplace incident.
When these kinds of events lead to a fatality, the surviving family members may be left with not only grief but also the responsibility of seeking justice for their loved ones. Our personal injury lawyers are here to provide compassionate representation and fight for the compensation you deserve.
What Types of Damages Can Be Recovered?
In Wyoming, damages in a wrongful death case are divided into two categories: compensatory and punitive.
Compensatory damages are intended to cover both economic and non-economic losses. This means they can help the plaintiff recover financially from the aftermath of the death, while also compensating for the emotional toll of the loss.
Economic damages (also called special damages) are measurable losses, such as:
- Medical expenses
- Lost wages
- Property damage
- Loss of earning capacity
- Other financial impacts that can be quantified
Non-economic damages (also called general damages) cover more subjective losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (the companionship of a spouse)
- Other intangible impacts
It’s important to remember that punitive damages serve a different purpose. These are awarded in cases where the defendant’s actions were especially reckless or malicious, and they aim to punish the wrongdoer, not compensate the family.
Can You Sue the Government?
Sometimes the issue is whether you can sue the government. If it’s the government’s fault, and you want to sue a federal, state or local agency, there are special time limits and notice requirements.
For example, if someone died in a state facility due to the government employee’s fault, then you need to notify the government of your claim within a certain period of time. You also need to submit the notice in the correct way. This gets technical very fast, and again, it depends on your state. Our lawyers can help you navigate these complex liability issues.
How Long Does It Take?
Because the loss is so great in a wrongful death case, it’s common for the cases to require more time and resources.
Depending on the parties and the court system, these cases can take more than a year. Sometimes several years. They almost always require expert witnesses.
Your wrongful death attorney should be able to give you a proposed timeline and range. Your attorney should take care of the expert witness fees.
Again, this is another area, where you don’t want to guess what’s going to happen six steps ahead. If you’re like me, and you plan for every detail and always want to know the details of even remote possibilities, then this is easier said than done.
Laws Related to Wrongful Death Claims
Wyoming law outlines specific steps for pursuing a wrongful death claim under the Wrongful Death Act. These laws clarify who has the legal right to file a lawsuit, the kinds of damages that may be recovered, and the timeframes that must be respected. Understanding these details is important if you’re considering legal action after losing someone to wrongful death.
Wyoming Statute of Limitations
In Wyoming, you have a limited time to file a wrongful death lawsuit. The statute of limitations gives you two years from the date of death to bring a claim.
This means that acting quickly is essential—delaying too long can cause you to lose the right to seek justice in court. Consulting a wrongful death lawyer early in the process can help ensure that you meet these deadlines.
Wyoming Wrongful Death Act
The Wyoming Wrongful Death Act controls who may file a lawsuit and who is eligible to recover damages. Typically, this lawsuit is filed by a representative of the deceased’s estate—often a surviving spouse, parent, or child.
In some cases, the person responsible may be a legal representative identified in the deceased’s will. Regardless of who files the lawsuit, the goal is the same: to hold the negligent party accountable.
Caps on Damages in Wyoming
Wyoming doesn’t impose a cap on compensatory damages in wrongful death cases. This means there’s no legal limit on the amount of money you can recover for losses such as medical bills or lost income. In cases of gross negligence or intentional misconduct, you may also be awarded punitive damages, which are meant to punish the wrongdoer.
How Does a Wrongful Death Lawsuit Work?
A wrongful death lawsuit is a civil action. It’s initiated by the estate’s representative and its goal is to prove that the defendant’s negligence caused the death.
In civil court, the burden of proof is lower than in criminal cases—rather than proving guilt “beyond a reasonable doubt,” you only need to show that the defendant was more likely than not responsible for the death.
This can be a daunting process, but with our skilled legal guidance, it can be navigated successfully.
Causes of Wrongful Death
Wrongful death can result from a variety of situations. Some of the most common causes in Wyoming include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Assault
- Slip and fall accidents
- Medical malpractice
- Workplace accidents
- Nursing home abuse or neglect
Each case is unique, but the common thread is that someone’s negligent or reckless behavior caused the loss of life. Our expertise in handling various types of injury cases allows us to build strong cases for our clients.
How Will the Lawsuit Affect You?
They’re going to fight back. Wrongful death cases take a toll on the client. You will be forced to relive and talk about the good times with your loved one, and also how they died.
You will learn details about the cause and manner of death that you shouldn’t have to know.
Your Wyoming wrongful death attorney must establish how they died to show that the other party is at fault. Your attorney must show what they meant to you in order to show what lost and need to be compensated for.
In any lawsuit, the other side is going to fight you on these issues. Be prepared for them to dispute the manner of death.
For example, they may want to argue that it wasn’t as painful as your attorney and experts say it was. Disgusting. They could argue that your loved one was somehow at fault—that they weren’t paying attention when it happened.
But the Defense is entitled to present a strong case, and make the arguments they’re going to make. They may even try to fight you on what your relationship meant.
For example, if you were estranged from the parent who died, then they could bring that up. They could argue that a rough patch in your relationship with a spouse or parent means you should be compensated less. The best way to deal with the defense in an emotional case is to use your attorney to put distance between you and the defense counsel.
There will be times, such as depositions and trials, when that is not possible. The way to deal with it is to have a plan and to execute it. In a wrongful death case, really in every case, you want to be in a position where it doesn’t matter what the other side is going to say.
By bringing the case, you start with the control. If you have a plan, and you execute it, then it doesn’t matter what the other side says or does. The facts are the facts; and under the law, the facts are on your side.
This is a Hard Situation
Think about whether you’re doing this for your loved one. Are you doing it for yourself? Are you doing it for your loved one’s children? Are you doing it so that it doesn’t happen again? So that someone else doesn’t suffer what you suffered? If you bring one of these claims, the other side will change what they’re doing. There is a chance you can prevent this from happening to someone else. Often, that’s the most important reward.
At Freeburg Law, we understand the challenges families face during these difficult times. Our commitment to our clients goes beyond legal representation. We’re here to provide support and guidance throughout the entire process, from initial consultation to final settlement. Don’t hesitate to reach out to us with any questions or concerns. You can send us a message anytime, and we’ll respond promptly to discuss how we can help you seek justice for your loved one.
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