When is it possible to file a wrongful death action at court? There must be two essentials to do this – firstly, the death would have as its proximate cause negligence or fault of another; secondly, if the deceased individual was capable of bringing in an injury suit in case he/she was alive, the survivors can file a wrongful death claim.
Wyoming laws provide for two kinds of damages – economic and non-economic for dependants. How does a court determine damages in such a case? It is not an easy task. Several factors affect the calculation. If you want to ensure a fair and adequate compensation for the losses, you need to get help from a wrongful death lawyer.
Determining pecuniary damages is easier in most circumstances. This would include the contributions of the deceased, monetary and otherwise, to his/her dependants. Apart from the income he/she earned, the court also considers the services and support he/she provided to the survivors.
The factors considered to calculate the monetary damages are the age, health condition, life expectancy, character, and earning capacity of the deceased individual. The circumstances of the dependants are also important considerations in this. The use of expert testimonial as and when necessary is also a necessity.
A capable Wyoming wrongful death lawyer would know how to use expert testimonials. It depends on the circumstances of the case. Take for example a case where the deceased was an adult wage earner providing monetary support to his/her family. A vocational expert may help establish the earning capacity in such a situation.
Apart from pecuniary damages, there is also the possibility of recovering non-economic damages. What falls within this category? Suppose the deceased individual left behind a spouse and minor children. Another’s negligence or fault was the cause of their loss of support and guidance from the deceased individual.
The non-economic damages aim to compensate the survivors for the pain and suffering, anxiety and distress, and such other problems of going through this period. However, it depends on the jury and the judge to analyze the facts and the laws before deciding whether to provide this or not.
Get in touch with a competent lawyer to handle the case on your behalf. He/she would be able to investigate the matter, accumulate necessary evidence, get expert testimonials, and present the claim in the right manner. His/her knowledge and experience give him/her an edge in this regard, something you lack.