Gillette Wrongful Death Attorneys
After the Death of a Loved One, We May Be Able to Help
Words cannot describe the pain of losing a loved one because of someone else’s bad choices. While the media wants you to think that too many lawsuits are filed in America because of greed, in reality, civil claims exist to hold people responsible for their actions. When a person or company was negligent and a person died as a result, there is no greater cause for filing a lawsuit and seeing justice done.
If you lost a spouse, child, parent, or family member, we understand that the last thing you want to think about is money. That’s why you need an experienced Gillette personal injury attorney to handle your case, so you and your family can grieve and find time to heal. Call Steven Titus & Associates, P.C., at (307) 257-7800; we are here to listen and take action to hold the people responsible for your loved one’s death accountable for what they have done.
What Is a Wrongful Death?
Legally, wrongful death refers to the death of a person caused by someone else's neglect or wrongful action. A driver who starts playing a game on his smartphone and does not notice a pedestrian in the crosswalk would be considered negligent. If he hits the pedestrian, who then dies, it would be a wrongful death.
An act of violence that results in death, such as a shooting or stabbing, is also grounds for a wrongful death suit, but these are less common.
Who Can File a Wrongful Death Lawsuit?
In Wyoming, a wrongful death lawsuit must be filed by a representative for the estate of the person who died. This is usually a family member, such as a surviving spouse, parent, or child, but it can be a legal representative established by a will or other document. Family members of the deceased who cannot directly file a wrongful death lawsuit may still be able to participate in the claim and seek additional damages. For example, if a man was killed in a coal mining accident and his adult son is the legal representative for the man’s estate, the son can file a wrongful death lawsuit, but other children who are not representatives can also join in to seek damages for themselves.
What Kinds of Damages Can Be Recovered?
Determining exactly what damages should be sought in a wrongful death case is complicated. To make sure you are asking for an appropriate amount with good cause, you should work with an experienced wrongful death lawyer. Otherwise, you may miss out on damages that you are rightfully owed, or make errors that can result in your case being thrown out.
Common wrongful death damages include:
- Compensation for medical expenses associated with the cause of death
- Funeral and burial expenses
- Lost wages and income that would have been earned if the deceased had lived
- Pain and suffering the deceased experienced during death
- Pain and suffering that family members experienced due to the death
- Loss of companionship, society, and comfort due to the death
- Costs for damaged property, if any property was damaged in the fatal accident
The Sooner You File a Wrongful Death Claim, the Better
In the state of Wyoming, you only have two years from the date of death to file a wrongful death claim. It is best to not wait, however, since evidence, witnesses’ memories, and other items can be lost over time. You should also know that wrongful death claims are separate from any criminal charges that might be filed against the guilty party, so you must file a wrongful death claim in addition to any action a state prosecutor might take.
Call our team at Steven Titus & Associates, P.C., at (307) 257-7800 to talk about your case and hear your legal options. We are available to our clients 24/7, so you will always have someone from our office here to support you. There is no charge to talk to us.
- Motor Vehicle Crash Deaths - CDC
- Fatality Reports - Mine Safety and Health Administration (MSHA)
- OSHA Fatal Facts
- Oil and Gas Extraction Worker Fatalities 2014 - NIOSH/CDC
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