There’s a growing number of traffic-related fatalities nationwide. In Wyoming, the number of people killed in traffic accidents has increased over the past few years. If you’ve lost a loved one in a traffic accident, you may be wondering if you have any legal options.
A Wyoming wrongful death lawyer could be the answer you have been looking for. They can help you understand the legalities behind your case and what’s the best course of action to take.
Our team of Wyoming wrongful death attorneys offers a free initial consultation. Contact us today and arrange your free consultation. You need to act fast before everything is too late.
Wrongful death cases or lawsuits are legal actions filed by a deceased person’s surviving family members to claim compensation for the victim’s death.
Most states allow the victim’s surviving family member or spouse to initiate a wrongful death claim. However, only the victim’s appointed representative can file a wrongful death claim in certain states, such as New York.
Verifying this with a local wrongful death lawyer can ensure that you take the appropriate legal procedure for your case.
When a family member decides to take legal action against the person responsible for the victim’s death, they will have to file a wrongful death claim.
Hiring an experienced personal injury attorney is necessary when pursuing wrongful death lawsuits. A lawyer with significant experience in this particular field of personal injury law can help you in various ways, from case investigation to case litigation.
When a family member decides to take legal action against the person responsible for the victim’s death, they will have to file a wrongful death claim.
Hiring an experienced personal injury attorney is necessary when pursuing wrongful death lawsuits. A lawyer with significant experience in this particular field of personal injury law can help you in various ways, from case investigation to case litigation.
A fatal accident is among the highest cause of mortality in the United States, next to heart disease and cancer. Many of these catastrophic accidents are preventable and are often a result of someone else’s negligence.
Here are the most frequently reported fatal accidents in Wyoming:
• Medical malpractice
• Other motor vehicle accidents
• Pedestrian accidents
• Slip and fall accidents
• Workplace accidents
Wrongful death attorneys can help by investigating the accident leading to your loved one’s death. They can also help you hold the appropriate person liable for the accident they caused.
When a family member loses a loved one in an accident, it is often difficult to know where to turn to for help. The pain and confusion can be overwhelming, and the added stress of financial burden worsens the situation.
The late victim’s representatives and family members can recover financial compensation for their loss. Depending on the facts of the accident, a claimant can recover economic and non-economic damages.
Economic damages are quantifiable and objective. This recoverable damage is directly related to the victim’s financial losses. Recoverable compensation included under this are as follows:
Non-economic damages in a wrongful death accident are subjective and cannot be easily quantified. This type of damage is not directly related to financial loss. Because of this, some states place a cap on how much a claimant can recover for non-economic damages.
Examples of non-economic damages are as follows:
In some cases, the victim’s party can also recover punitive damages in a wrongful death suit. Most states often treat punitive damages as a punishment rather than compensation since these are only given to the most severe negligent accident.
There are four critical elements the victim’s party must establish when proving wrongful death suits. These elements are briefly discussed below:
• Deceased person’s death. The victim’s death must be proven, and their party must show that the death is the outcome of another person’s negligence.
• Negligent actions. The victim’s party must recover and present compelling evidence to link the victim’s death and the defendant’s negligence.
• Financial loss. The victim’s death must have resulted in a financial loss to the surviving family members.
• Personal representative. The victim’s party must have a personal representative who can file the lawsuit and receive the late victim’s estate on their behalf.
Wyoming wrongful death attorneys can help you and your family recover damages after losing a loved one. Tackling wrongful death cases by yourself is a challenging and complicated matter.
We highly advise that you seek the assistance of a legal professional if you want to seek a wrongful death action against the person responsible for your loved one’s death.
When pursuing legal action against the liable defendant, you will need to establish the strength of your recovered evidence. Keep in mind that your case is only as strong as your evidence.
Here are some of the things you will need to establish when pursuing a wrongful death claim in Wyoming:
• Prove the duty of care. You must prove that the defendant had a duty of care to the victim. This is often easy to prove, especially in workplaces, private properties, and commercial spaces.
• Prove the beach of duty. You must also show that the defendant breached their duty of care, acted carelessly, or failed to provide adequate security to ensure the victim’s safety.
• Prove the connection between the breach and the victim’s death. There must be a direct connection between the defendant’s negligence and the victim’s death.
• Prove financial loss due to the victim’s death. The victim’s death must have resulted in some financial losses to the claimant. These damages may be economic or non-economic.
If you have recently lost a special someone and want to file a wrongful death claim, do not hesitate to seek the assistance of our Wyoming wrongful death lawyers. With their help, you can hold the liable party.
Wyo. Stat. § 1-38-102 (2021) outlines Wyoming’s wrongful death statute. According to this statute, a wrongful death victim’s representative can file a wrongful death claim within two years from the victim’s death.
Also stated in this law, a deceased victim’s representative can be their surviving spouse, child of legal age, or living parents.
The court may award the recoverable damages to the victim’s representative or surviving family member.
Depending on the state’s regulations, a victim’s family member or personal representative may file a wrongful death claim. In Wyoming, the state law places the right on the victim’s surviving family members.
Either the victim’s spouse or child of legal age can receive the wrongful death settlement or compensation on behalf of the victim. Suppose that the victim is not married. In this case, a living parent may claim the victim’s compensation.
Survival action and wrongful death claims go hand-in-hand in most cases. A survival actions claim is filed when the victim initially survived the accident but sustained severe injuries which later caused their death.
After the victim’s death, their representative may follow up a survival action with a wrongful death claim.
Despite their similarities, these two have more differences than most people think. One of the primary differences between a wrongful death claim and a survival claim is who will act as the victim’s representative.
In a wrongful death claim, the surviving family members or a representative appointed by the will may represent the victim. In contrast, only the victim’s personal representative may file a survival actions claim.
Another difference between these two is the recoverable damages. In a wrongful death claim, compensation focuses more on the “losses” (i.e., loss of potential income, potential future earnings, etc.). On the other hand, a survival action focuses on the injuries sustained by the victim between the time of the accident and their death.
There’s a wide selection of personal injury law firms around Utah, but we remain unmatched. At Parker & McConkie, we prioritize helping our clients recover the best compensation for their cases.
Death is a sensitive topic, especially if it’s one of your loved ones. We know that this is a very delicate and emotional time for you and your family, and you wouldn’t want to do anything than mourn.
Here’s where we come into the picture. We help keep the ground running for devastated family members while taking in their untimely loss.
With more than four decades in the industry, our Wyoming wrongful death lawyers will do everything in their power to help you win your case.
Here’s how our seasoned Wyoming wrongful death lawyers can help you:
Are you looking for an experienced wrongful death lawyer to help you build a claim? The doors of our Wyoming wrongful death law firm are always open for those in need. We will work tirelessly to obtain the compensation and justice you deserve.
You can reach us at (801) 418-9797 to schedule your free consultation. You may also utilize our online contact form to send your request.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!