2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 38 - Wrongful Death

CHAPTER 38 - WRONGFUL DEATH

 

1-38-101. Actions for wrongful death which survive; proceedings against executor or administrator of person liable.

 

Whenever the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action to recover damages if death had not ensued, the person who would have been liable if death had not ensued is liable in an action for damages, even though the death was caused under circumstances as amount in law to murder in the first or second degree or manslaughter. If the person liable dies, the action may be brought against the executor or administrator of his estate. If he left no estate within the state of Wyoming, the court may appoint an administrator upon application.

 

1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation of action.

 

(a) Every such action shall be brought by and in the name of the personal representative of the deceased person.

 

(b) If the deceased left a husband, wife, child, father or mother, no debt of the deceased may be satisfied out of the proceeds of any judgment obtained in any action brought under the provisions of this section.

 

(c) The court or jury, as the case may be, in every such action may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit such action is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.

 

(d) Every such action shall be commenced within two (2) years after the death of the deceased person.