Wyoming Wrongful Death Laws

In Wyoming, whenever the death of a person is caused by a 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, second degree, or manslaughter.  If the liable person dies, the action may be brought against the executor or administrator of his/her estate.  However, if s/he left no estate within the state of Wyoming, the court may appoint an administrator upon application[i].

Pursuant to Wyo. Stat. § 1-38-102, every action shall be brought by and in the name of the personal representative of the deceased person.  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.  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/her respective damages.  The court or jury may award such person that amount of damages  which it considers such person entitled to, including damages for loss of probable future companionship, society, and comfort.  Every such action shall be commenced within two years after the death of the deceased person[ii].

[i] Wyo. Stat. § 1-38-101

[ii] Wyo. Stat. § 1-38-102


Inside Wyoming Wrongful Death Laws