Cheyenne Wrongful Death Lawyer
Wrongful Death Lawyer Cheyenne, WY
If you have lost a loved one because of the negligent or reckless actions of another party, a wrongful death lawyer Cheyenne, WY residents turn to may be able to help your family obtain financial justice for their death. The legal team at Davis, Johnson & Kallal | Wyoming Law has been fighting for families of accident victims for decades and will do all we can to get your family the compensation you deserve.
Should You File a Wrongful Death Lawsuit?
If you’ve recently lost a loved one under circumstances that were not solely their fault, it’s time to speak with a wrongful death lawyer Cheyenne, WY residents trust. You may – very understandably – be wondering whether there are any legal options available to you and the rest of your loved ones in the wake of your loss. If another’s negligence, recklessness, or intentionally dangerous conduct directly contributed to the cause(s) of your loved one’s fatal injuries, it may be well-worth your time to schedule a risk-free consultation with Davis, Johnson & Kallal | Wyoming Law. Otherwise, you may find your future self continuing to wonder whether there were any legal options that you could have taken advantage of to bring some measure of accountability to those who caused your loved one’s harm.
As an experienced Cheyenne wrongful death lawyer on our team can confirm, there are three primary legal elements that must be met when a majority of plaintiffs choose to file personal injury lawsuits. (Wrongful death lawsuits can generally only be filed by surviving loved ones if the deceased would have had cause to file a personal injury lawsuit had they survived their injuries.) First, they must prove that a defendant owed them a duty of care. Second, they must demonstrate a breach in that duty by proving that the defendant acted in intentionally dangerous, negligent, or reckless ways. Third, they must prove that their injuries resulted directly from the defendant’s breach of duty.
If you don’t know whether your situation meets these criteria, that’s okay. An attorney can tell you whether your situation meets the legal standard required in your case. If it does, it may be well worth your time and energy to file a lawsuit against those who have caused your loved one’s harm. You may be in a position to receive significant compensation as a result of their fatal injuries, even if they were partially to blame for what happened to them. No amount of money can compensate you for what your family has lost. But rightful compensation can help to ease the financial burdens resulting from your loss.
There are some exceptions to the key element formula noted above. For example, the surviving loved ones of victims of medical errors and other forms of medical negligence do not need to prove that a medical care provider conducted themselves negligently or recklessly, per se. They need to prove that if another reasonably competent medical provider (of similar specialty and expertise in the medical field) had been treating a patient facing similar circumstances, they would have received superior care.
Victims of premises (property) liability injury scenarios need to prove key legal elements as defined by state law. These elements generally fall along the lines of “the property owner either knew or should have known about a hazardous condition on their property and failed to take appropriate action to reduce the risk of harm.”
Finally, some products liability and dog bite cases are tried under a strict liability standard of law, which doesn’t require the victim to prove recklessness or negligence.
No matter what standard you must prove in order to navigate a wrongful death lawsuit successfully, your situation must meet that standard or you won’t be awarded compensation. Allowing a Cheyenne wrongful death lawyer from Davis, Johnson & Kallal | Wyoming Law to evaluate your circumstances is the best way to determine whether you do or do not have strong grounds upon which to file a personal injury lawsuit related to the death of your loved one.
Who Can File a Wrongful Death Lawsuit?
Every state sets its own laws as far as who can file a wrongful death lawsuit. This ensures that only those individuals who are truly impacted by the victim’s death can get justice. For example, a person who loses their best friend because of a drunk driving accident may be emotionally devastated, but they cannot pursue a wrongful death claim against the at-fault driver.
However, as a Cheyenne wrongful death lawyer can explain, in Wyoming, only a wrongful death representative may file a wrongful death claim. The law does not specify who should be appointed, however, the court will usually make that decision based on who it thinks will act in the best interests of the lawsuit’s beneficiaries. The beneficiaries of the lawsuit in Wyoming may be:
- The victim’s surviving spouse
- The victim’s children
- The victim’s parents
If the victim did not have any of the above surviving relatives, then surviving siblings, nieces, nephews, or grandparents can file. Many states do allow any other individuals who depended on the victim for financial support, such as a stepchild, to also pursue a wrongful death claim.
Damages That Can Be Awarded
Some of the more common losses that families can be financially compensated for include the following:
- Funeral and burial expenses
- Any medical expenses incurred in life-saving attempts of the victim
- Loss of future income and benefits the victim would have provided his or her family
- Loss of the future services the victim would have provided his or her family
- Loss of love and guidance
- Loss of companionship
Punitive damages are additional damages that are not meant to reimburse for the family’s loss, but instead to punish the victim for especially egregious acts. For example, if allowed in that state, a jury may order the driver of a fatal drunk-driving crash to pay the family punitive damage because the driver’s act of getting behind the wheel drunk was not just negligent behavior, but an illegal act.
Call Our Personal Injury Law Firm Today
At Davis, Johnson & Kallal | Wyoming Law, we understand that no amount of money will ever make up for the loss of your loved one. But we also understand that the financial and emotional burdens can be overwhelming.
Call our office today to schedule a free and confidential consultation with a dedicated Cheyenne wrongful death lawyer and find out what legal recourse you may have for the tragic death of your loved one.
5 Common Causes of Wrongful Death
After having suffered the tragic loss of someone you love and you suspect that negligent behaviors of another person or party could have been a contributing factor, it is worthwhile to consult with an experienced wrongful death lawyer from Davis, Johnson & Kallal | Wyoming Law. Our team will be able to help you make a well informed decision about how to proceed and determine if you have a valid claim. The most common causes of wrongful death are listed below, however this is by no means an exhaustive list.
When medical care results in an unexpected death, it may be a result of medical malpractice, medical practices that fail to meet medically acceptable standards of care. In order for a wrongful death that resulted from medical malpractice to be considered as a valid claim it must be proved that the provider broke rules or violated medically accepted care standards, acted negligently, or demonstrated actions that were inappropriate during treatment of a patient, which ultimately led to their death.
In the event of a fatal auto accident where the deceased person was not at fault, their spouse, family, or other dependents may be eligible to pursue compensation for expenses related to their passing, and to substitute for losing income that they once provided. Additionally, we may seek compensation for less tangible damages such as pain and suffering.
Due to the immense size and weight of commercial trucks compared to smaller passenger vehicles on roadways, truck accidents can commonly result in fatalities. Truck accident scenarios that commonly result in wrongful fatality include:
- Driver error and negligence
- Aggressive driving
- Driving with an overweight load or improperly secured load
- Mechanical and part defects
- Trucking operation negligence
- Driving while under the influence of drugs or alcohol
Defective Products & Inadequate Warning of Dangers
Certain products are inherently dangerous, but when a product is defective or unsafe, fatalities can occur. Defective products can include structures that are not constructed safely. For example if a balcony floor collapses while occupied, fatalities may occur, warranting wrongful death legal action.
Slip and Fall
Fatalities that result from slipping, tripping, or falling while visiting private or public property may warrant wrongful death legal action. Families of the deceased person may be able to pursue damages for injuries that were suffered if they were not adequately warned against potential hazard. Factors that influence the viability of this category of wrongful death claim include the safety of the space and how well the property made visitors and occupants aware of potential hazards.
Employers are obligated to actively participate in keeping employees safe and maintaining a generally safe work environment for everyone on the premises. Reasons for wrongful death claims that arise from workplace accidents include:
- Manufacturing accidents
- Transportation accidents
- Mesothelioma caused by unknown asbestos exposure
- Shipping and port accidents
- Railway accidents
- Repetitive strain injuries
Be sure to discuss your situation with a member of our team before reaching any conclusions about the validity of your claim. We are here to advocate for you and your family throughout every step of the process and will work diligently on your behalf with the goal of obtaining a fair compensation award, compensation you need to sustain after suffering a tragic loss.
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