Losing a loved one due to someone else’s negligence is devastating. Under Wyoming law, surviving family members may have legal options to seek justice and compensation. This can be a wrongful death claim or a survival action, depending on the circumstances. While these claims are related, they serve different purposes and provide compensation in distinct ways.
At The Fitzgerald Law Firm, we have a proven track record of representing families in wrongful death and survival action cases. We hold the Wyoming Supreme Court record for the largest verdicts for injuries and wrongful death, a testament to our commitment to achieving justice for our clients.
This article explains the key differences between wrongful death and survival actions in Wyoming and how they may impact your case.
Wrongful Death Claims In Wyoming
A wrongful death claim is filed on behalf of surviving family members when an individual dies due to someone else’s negligence or wrongful act. The purpose of this claim is to compensate the family for their loss. There is a vast range of events that can lead to this that include but are not limited to:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Defective products
- Workplace accidents
- Medical malpractice
In these cases, a knowledgeable wrongful death attorney will gather evidence to establish liability and seek full compensation for the family.
Compensation For Wrongful Death
Compensation in a wrongful death case is directed towards the loved ones of the deceased and the expenses they may accrue due to their loved one’s death. Areas of compensation may include but are not limited to:
- Lost earnings
- Loss of companionship, society & comfort
- Loss of past and future earnings
- Medical expenses, if the death was delayed
- Funeral expenses
Survival Actions In Wyoming
While a wrongful death claim is on behalf of the loved ones left behind, a survival action is on behalf of the deceased and the damages they suffered. All Law states, “A survival action allows someone else to start or continue a lawsuit in place of the deceased plaintiff. In other words, someone else gets to serve as a substitute plaintiff. This means that the damages that the estate can potentially recover will be the same as if the plaintiff were alive and bringing or continuing with the personal injury case.” A survival action claim aims to ensure that the wrongdoers remain accountable for the harm they have done.
Compensation For Survival Action
Instead of compensation going directly to the deceased’s family as it would in a wrongful death case, those who file a survival action claim are fighting for compensation on behalf of the person who passed away. Areas of compensation in a survival action include these expenses the deceased dealt with from the time of injury leading up to their death:
- Lost wages
- Medical expenses
- Pain and suffering
The compensation awarded in a survival action is distributed to the deceased’s heirs as part of their estate.
The Distinction Between Survival Action and Wrongful Death
Understanding the distinction between survival actions and wrongful death claims is essential. A survival action seeks compensation for the damages the deceased could have pursued had they survived. A wrongful death claim is filed on behalf of the surviving family members to recover damages for their loss.
Wyoming’s Premier Wrongful Death Attorneys
Filing a wrongful death or survival action requires extensive legal knowledge and experience. The laws governing these claims are complex, and securing the maximum compensation available under Wyoming law often depends on working with a respected legal team.
At The Fitzgerald Law Firm, we have a proven history of securing record-setting verdicts for injury and wrongful death cases. Our attorneys are dedicated to fighting for families who have lost loved ones due to negligence.
If you have lost a loved one due to negligence, The Fitzgerald Law Firm is here to help.
Contact us today and let our skilled legal team guide you through the process and fight for the justice your family deserves.