The anguish and grief that comes with losing a family member due to someone else’s negligence or purposeful act can be excruciating. In the aftermath of a tragic and untimely loss, surviving family members frequently face emotional and financial challenges.
Although a wrongful death lawsuit cannot bring back the deceased, it can be an effective tool to gain closure, compensation for financial losses, and justice for the victim.
What is a Wrongful Death Lawsuit?
Wrong death lawsuits are intended to assist surviving family members in recovering compensation if a loved one has died due to another party’s negligence or recklessness. Find out about your legal options from an experienced personal injury lawyer Wyoming.
Under Wyoming law, a wrongful death claim is valid in cases where death was caused by a “wrongful act, neglect or default.” If the deceased survived, they would have been eligible for a personal injury claim.
Survivor family members can pursue a wrongful death claim in Wyoming under various conditions. The following are some examples:
- Fatal accidents – When someone is killed in a car accident or other type of injury event, their families may be able to file a wrongful death lawsuit against the responsible party or parties.
- Medical malpractice – Healthcare providers can be held responsible if someone dies due to improper or irresponsible medical treatment or care.
- Intentional deaths – Families of a person killed intentionally may be able to file a wrongful death claim.
Factors involved in wrongful death lawsuits
People who sue for wrongful death must establish the following three elements:
- Negligence – In wrongful death proceedings, we must show that the defendant’s carelessness, recklessness, or negligence caused the death of the plaintiff’s relative in part or whole.
- The defendant violated the duty of care – This signifies that the defendant breached or failed to meet their legal obligations in some way. In the case of car accidents that result in deaths, the defendant may have been intoxicated or distracted by their phone. In a medical negligence case, a doctor may have made an error that caused the death of a patient. In the case of intentional harm or death, someone has most probably violated assault, manslaughter, or murder laws.
- Causation – The dead were injured and died due to the defendant’s negligence. An individual who brings a wrongful death claim must establish that the defendant’s action caused the victim’s death.