How Are Damages Calculated In A Wrongful Death Lawsuit? 

What Is Wrongful Death?

Wyoming law defines wrongful death as a “cause of action authorized by Wyoming statute to recover money damages when the death of a person is caused by the fault of an actor, such as would have entitled the party injured to maintain an action to recover damages if death had not ensued.” An “actor” is defined by the state as any person or other entity, including the claimant, whose fault is determined to be the proximate cause of the decedent’s death.

Causes for wrongful death could include:

• Automobile and truck crashes
• Medical malpractice
• Accidents while driving under the influence of drugs or alcohol
• Defective products
• Workplace accidents
• Premises liability accidents
• Criminal assaults
• Intentional acts
• Complications from catastrophic injuries

Who Can File A Wrongful Death Claim In Wyoming?

Wyoming law only allows the wrongful death representative to file the wrongful death claim. The wrongful death representative must be appointed by the court and represent the interests of the decedent’s beneficiaries.

The representative could be a family member, an executor of the estate, or a wrongful death attorney. Once appointed, they are responsible for pursuing legal action against the responsible party, including negotiating a settlement with the insurance company.  

Types Of Damages In Wrongful Death Cases In Wyoming

Wrongful death damages that can be sought in a Wyoming wrongful death claim include economic and non-economic damages.

In cases where the defendant’s behavior is deemed grossly negligent, malicious, or intentional, punitive damages may be awarded by the court as a means of punishment.

Economic damages include tangible financial losses, such as:

• Medical bills
• Present and future lost income
• Loss of benefits
• Loss of earning capacity
• Loss of household services
• Loss of inheritance

Non-economic damages are intangible losses, including:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of consortium
• Loss of companionship
• Loss of enjoyment

How To Calculate Wrongful Death Damages In Wyoming

Several factors are used to determine the amount of wrongful death damages one could claim, and include:

• Actual financial losses: The value of any current financial losses, such as medical bills and lost wages.
• Circumstances of the death: How the individual died could influence the value of damages.
• Dependents: The number of dependents and their ages, including the decedent’s spouse and natural-born and adopted children.
• Relationship: The relationship to the deceased is a major factor in calculating damages.
• Income potential: The earning capacity of the decedent is used to determine potential future earnings, career advances, and retirement accounts.
• Age: The age of the deceased is taken into account and based on life expectancy.
• Household contribution: The services and financial contributions of the descendant are taken into consideration.
• Health: The overall health of the deceased might be used in certain cases if there were pre-existing conditions at the time of death.

To calculate wrongful death damages, you would add up all of the actual financial losses. Next, you need to determine the value of any future economic losses and add those to the current financial losses.

For non-economic damages, things become more complicated, as a multiplier ranging between 1.5 and 5 is used and multiplied by the total value of your economic losses. The multiple used depends on the severity and circumstance of the case.

Lastly, the value of economic and non-economic losses is added together to give you a total amount of compensation you could receive. 

Importance Of Acting Quickly And Seeking Legal Advice

It is vital to act quickly to protect your legal right to file a wrongful death claim through your appointed wrongful death representative. Wyoming has a two-year statute of limitations for these cases. If you do not have your representative file by this time, you forfeit all legal rights to compensation.

Obtaining a free case evaluation and consultation from an experienced wrongful death lawyer provides you with:

• Free legal advice.
• An accurate estimate of the wrongful death damages and compensation you may receive.
• Guidance on what your next steps should be.
• Evidence needed to support your claim.

How Bachus & Schanker Assists Families In Pursuing Maximum Compensation

In addition to a free case evaluation and consultation, the wrongful death lawyers at Bachus & Schanker assist families during this challenging time in several ways, including:

• Takes cases on a contingency-fee basis, meaning you owe nothing until we win your case.
• Gathers the necessary evidence to support your claim and prove negligence.
• Detailed explanation of the legal process and your rights.
• Assistance in getting the wrongful death representative appointed by the court.
• Filing your case with the appropriate court and jurisdiction.
• Handles all communications and settlement negotiations with the insurance company.
• Dedicated, supportive, caring, and compassionate legal team.
• Access to our independent Victim’s Advocates team.
• Aggressive litigation in court, if needed.
• We can also come to you.

Having our wrongful death and personal injury law firm in Wyoming handle your claim allows you to have the time you need to grieve the loss of your loved one. We eliminate the added worry, anxiety, and stress of navigating legal processes and dealing with insurance adjusters, ensuring you receive the compensation you deserve.

We understand that no amount of money will replace your loved one. However, our expertise in handling wrongful death cases ensures you have a secure financial future. We have a proven track record of results and are fully committed to helping families navigate the complex legal and emotional challenges of the untimely loss of their loved one.