In a split second, someone’s actions could lead to the death of another person. When that individual is a family member, it can lead to heartbreak and the search for answers. The sad fact is that these incidents occur all the time in Casper.
If someone acts in a reckless, negligent, or malicious manner, leading to the death of another person, they need to be held accountable for their actions. Fortunately, there are legal options. You may be able to pursue a wrongful death claim against the responsible parties.
At Edwards Law Office, P.C., we understand these tragedies’ devastating emotional and financial impact. If you believe that another person or entity was responsible for your loved one’s death, contact us. We’ll put you on the line with a Casper wrongful death lawyer to discuss your legal options with you.
What To Know About These Preventable Deaths
Under Wyoming law, wrongful death is defined as any passing that results from a wrongful act, neglect, or default that would have entitled the deceased person to file a personal injury claim had they survived.
There are numerous ways that a person can pass away due to the negligence, recklessness, or intentional misconduct of another party, such as:
- Accidents: Car crashes, workplace incidents, trucking collisions, or slip-and-fall accidents are all examples of situations that can all lead to fatalities and, in turn, wrongful death lawsuits on behalf of the surviving family members. As a more specific example, if a driver runs a red light and causes a collision, resulting in someone’s death, it may qualify as wrongful death.
- Medical malpractice: When a health care professional does not act in a professionally appropriate manner, and that leads to a patient dying, it qualifies as a wrongful death. These issues include surgical errors, misdiagnoses, birth injuries, or medication mistakes.
- Product liability: Manufacturers must always make safe products, but that is not always what happens. When they design or create defective products, it could result in a fatal injury. Designers, manufacturers, distributors, or retailers may be named as defendants in wrongful death lawsuits.
- Criminal acts: Sometimes, a person’s death is not the result of an accident but rather a willful action, such as an assault. If someone intentionally harms another person and kills them, they could face both criminal charges and a civil action, such as a wrongful death lawsuit.
Unfortunately, wrongful death can occur at any time. All it takes is for one person to act in a reckless manner, and the lives of numerous people can be changed in an instant. If you would like to know the merits of your possible wrongful death case, contact our Casper wrongful death lawyer today. That in-person, telephonic, or video meeting whereby you can learn more about your rights is completely free.
Who Can Be Held Legally Liable for a Wrongful Death?
The issue of liability hinges on the circumstances surrounding your case. Many times, there can be more than one person or party held accountable for the event that led to a loved one’s death. These can include:
- Negligent drivers: The at-fault driver may be liable if a car or truck accident caused the death.
- Health care professionals: In medical malpractice cases, doctors, nurses, or hospitals may be responsible.
- Property owners: They can be held accountable for slip-and-fall accidents, premises liability, or even criminal acts.
- Criminal offenders: If someone intentionally caused the death, they may be named in a wrongful death lawsuit.
- Employers: In workplace accidents, employers may be responsible for unsafe conditions.
- Manufacturers: Defective products leading to death can make manufacturers liable.
- Trucking companies: In truck accidents, both drivers and trucking companies may share liability.
- Municipalities or other governmental entities: Poorly maintained roads or infrastructure can lead to wrongful deaths.
Who Can File a Death Claim in Casper, WY?
Certain parties can file a wrongful death claim in Wyoming. The personal representative, usually the executor or administrator of the deceased’s estate, can initiate a claim. This person will act on behalf of the estate and the surviving family members.
While the personal representative is the only individual who can officially file the claim, eligible beneficiaries can include:
- The surviving spouse
- The deceased’s children (biological or adopted)
- Their parents (biological or adoptive)
- Dependents who relied on the deceased for financial support.
If there is a successful claim, the compensation will be distributed between all the beneficiaries.
What Compensation May Be Awarded To Surviving Family Members?
In a wrongful death case, compensation can be awarded to the deceased’s beneficiaries. Some of these awards may include:
- Reimbursement for medical bills related to the victim’s injury or illness leading to death.
- Coverage for funeral expenses and other burial costs.
- Compensation for the deceased’s lost future earnings.
- Awards for the emotional distress suffered by surviving family members due to the loss.
- Loss of companionship and consortium compensation for losing the loved one’s companionship, guidance, and emotional support.
In rare cases, these beneficiaries may be awarded punitive damages. However, these awards are rare and only happen in cases where the defendant acted in egregious conduct. A wrongful death lawyer in Casper, WY can give you a better idea as to the type and amount of compensation you may be entitled to receive during your initial consultation with them, so be sure to reach out and have that meeting today.
Is There a Deadline To File a Wrongful Death Claim in Wyoming?
Like most civil lawsuits, there is a statute of limitation, or time limit, to file a wrongful death claim. Per Wyo. Stat. § 1-38-102, the deceased person’s estate must start the claim within two years from the date of the death. Unfortunately, if you fail to take legal action, you could miss out on your chance for compensation.
Take the Next Steps Toward Seeking Justice for Your Family Member’s Loss
If you have lost a loved one due to the negligence or recklessness of another person, you may be able to file a wrongful death claim. At Edwards Law Office, P.C., we know these times can be challenging. Allow us to handle these claims while you focus on healing after losing a loved one.
Please schedule a consultation with one of our Casper wrongful death lawyers today.