Who Can File a Claim With a Wrongful Death Attorney in Wyoming?

If you’ve experienced the devastating loss of a loved one due to the negligent actions of another person, one means of recourse available to you is to contact a wrongful death attorney in Wyoming to discuss options for pursuing a wrongful death claim. With their help, you’ll determine whether Wyoming’s laws allow you to take such action.

Wrongful Death Laws and Wrongful Death Representatives

According to Wyoming Civil Procedure, only the wrongful death representative for an estate can file a wrongful death claim after someone dies; they are an individual who is appointed to the role by a civil court.

To become the wrongful death representative of your loved one’s estate, you need to file a petition with an appropriate court. You may file with any court located in the area where the deceased lived, died, or a defendant in the claim lives. Wyoming law doesn’t limit who can apply, and a judge will determine whether you are eligible based on whether they believe you will best represent the estate’s beneficiaries.

Beneficiaries Receive the Benefits Under Wyoming Wrongful Death Laws

Regardless of who the courts name the wrongful death representative, the recipients of a wrongful death claim are the beneficiaries of the estate. In other words, you aren’t just pursuing a lawsuit for your benefit; you are pursuing it for that of everyone named in the will and every dependent of the deceased.

If you are a wrongful death representative, you might not even receive any compensation from a wrongful death action (in that role, although you may recover individually as a beneficiary of the estate). Many people name trusted friends or legal counsel as a personal representative, even when that person isn’t a legal beneficiary.

How a Wrongful Death Attorney in Wyoming Can Help Determine if You Are Eligible to Act

Beyond devastating and overwhelming, the wrongful death claims process is certainly confusing. With that in mind, it’s best to contact The Spence Law Firm immediately after the death of your loved one to receive help determining whether you are eligible to act.

We will specify whether you are a beneficiary based on any will or relevant Wyoming laws, as well as which parties are best situated to file as a wrongful death representative. If you are the best party, we can help you file a petition with the court.

FAQ

Can a Wyoming Wrongful Death Attorney Help Me Perform the Duties of a Wrongful Death Representative?

At The Spence Law Firm, our attorneys will guide you through the process in and out of the courtroom. We will help you identify the beneficiaries and keep them informed throughout the process.

Can I File a Wrongful Death Claim if the Deceased Was Partially Responsible for Their Death?

Typically, when filing a personal injury claim in Wyoming, comparative negligence rules allow you to seek compensation as long as you are 50% or less responsible for your injuries. When filing a wrongful death claim, these rules change slightly. Your fault doesn’t matter, but the fault of the deceased does.

Do I Have to Represent Every Beneficiary?

Yes, you do. If you don’t believe you can fairly do so, you shouldn’t petition the court for the role. You can be penalized by the courts if you fail to represent every beneficiary fairly.

Consult With Our Wrongful Death Attorneys Today

If you’ve lost a loved one due to the actions of another party, you may be able to file a wrongful death claim. Don’t get confused by Wyoming wrongful death laws; contact The Spence Law Firm right away to schedule a free consultation with attorneys who can help.