How Insurance Companies Evaluate Wrongful Death Settlements in Wyoming
The death of a loved one in a fatal accident is a life-shattering experience. For families in Wyoming, the emotional and financial toll can be overwhelming.
At Steven Titus & Associates, P.C., we understand how important it is to secure a just settlement when a loved one’s life is taken due to negligence.
While no monetary compensation can ever truly make up for such a loss, a wrongful death settlement can help ease the burden by covering economic losses and recognizing the deep emotional impact of the tragedy.
Below, we break down how insurance companies evaluate wrongful death claims in Wyoming and what factors most influence the final settlement amount.
Understanding Wrongful Death Claims in Wyoming
A wrongful death claim is a civil action brought when someone dies as a result of another party’s negligent or wrongful act. These claims are governed by Wyoming Statute § 1-38-101, which allows the decedent’s representative to pursue compensation on behalf of surviving family members.
Insurance companies are often responsible for paying damages, and they base settlement values on a combination of economic and non-economic factors. Understanding how these values are calculated can give families the knowledge they need to pursue full and fair compensation.
Key Factors in Evaluating Wrongful Death Settlements
Lost Income and Financial Support
A major component of a wrongful death settlement is the calculation of lost income. This includes both the earnings the deceased would have contributed to their household and potential future income.
Insurers look at several elements when estimating economic loss after death:
- Age and life expectancy of the deceased
- Current income and employment status
- Future earning capacity based on profession, education, and career trajectory
- Loss of employment benefits, such as health insurance and retirement contributions
Funeral and Burial Expenses
The cost of a funeral in Wyoming can easily exceed $10,000. These immediate expenses are factored into the settlement value and generally reimbursed in full. Insurance companies will typically require documentation such as receipts and invoices to support these costs.
Emotional Suffering and Loss of Companionship
Wyoming law recognizes the profound emotional effect that a wrongful death has on surviving loved ones. Settlements may include compensation for:
- Loss of companionship, guidance, and emotional support
- Mental anguish and grief of surviving family members
- Loss of care and nurturing for dependent children
Because these non-economic damages are subjective, they can vary widely. They frequently become a focal point in insurance negotiations following fatal crashes and other types of accidents caused by negligence.
How Insurance Companies Approach Settlement Calculations
Insurance companies employ teams of adjusters, actuaries, and attorneys to evaluate wrongful death claims with the goal of limiting settlements while maintaining compliance with legal obligations. Understanding their approach can help families protect their rights and get fair compensation for their loss.
Calculating Economic Losses
This is typically the most straightforward part of the calculation. Insurers use formulas and life expectancy tables to project how long the deceased would have worked, how much they would have earned, and the present-day value of those lost wages.
They may consult financial experts or forensic economists to verify projections, especially in high-value cases.
Estimating Non-Economic Damages
Assigning a value to pain and suffering or loss of companionship is more nuanced. Insurers may rely on jury verdicts in similar cases to benchmark what might be awarded if the case goes to trial. They may also consider:
- The closeness of the relationship between the deceased and the claimant
- The ages of surviving dependents
- Testimony from grief counselors or psychologists
This aspect of the process is where legal representation becomes especially critical. Without a legal advocate, families may accept far less than what their emotional loss truly warrants.
Shared Fault
Wyoming follows a modified comparative negligence rule. This means that if the deceased was partially at fault for the fatal incident, the settlement amount may be reduced proportionally. For example, if a jury finds the deceased 30% at fault in a car crash, the settlement will be reduced by that percentage.
Insurance companies will scrutinize every detail of the accident to assign fault and reduce their financial exposure. An experienced Gillette personal injury attorney will counteract these efforts by presenting evidence and expert testimony to support the family’s case.
Holding Insurance Companies Accountable
Insurance companies do not prioritize fairness; they prioritize their bottom line. Initial settlement offers are frequently based on the lowest amount they believe a family is willing to accept. These lowball offers may not fully account for essential damages such as:
- Long-term economic loss
- Emotional trauma
- Lost services and care
Accepting a quick settlement can lock your family into inadequate compensation. That’s why it’s essential to consult with a Campbell County wrongful death attorney before agreeing to any offer.
How an Attorney Can Strengthen Your Case
At Steven Titus & Associates, P.C., our firm works closely with financial professionals, accident reconstructionists, and medical experts to build a solid claim that reflects the true nature of your loss.
We don’t back down from insurers who are attempting to diminish your loss. Our commitment is to protect your rights and seek justice in honor of your loved one.
Our legal services include:
- Handling all communication and negotiations with the insurance companies
- Gathering evidence to support both economic and non-economic damages
- Fighting to maximize recovery through settlement negotiations or trial
Don’t Wait—Timelines Matter
In Wyoming, the statute of limitations for wrongful death claims is generally two years from the date of death. Waiting too long to file can result in your case being dismissed entirely. Acting swiftly ensures critical evidence is preserved and witnesses are interviewed while their memories of the event are still fresh.
Speak With Our Trusted Wrongful Death Attorney in Gillette
Let Steven Titus & Associates, P.C., help you seek the just you deserve. Our Gillette wrongful death lawyer provides tenacious representation in wrongful death cases across. Call our office at (307) 257-7800 to schedule your free consultation today.
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