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Chapter 38 - Wrongful Death

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CHAPTER 38 - WRONGFUL DEATH 1-38-101.Actions for wrongful death which survive; proceedingsagainst executor or administrator of person liable.Wheneverthe death of a person is caused by wrongful act, neglect or default such aswould have entitled the party injured to maintain an action to recover damagesif death had not ensued, the person who would have been liable if death had notensued is liable in an action for damages, even though the death was causedunder circumstances as amount in law to murder in the first or second degree ormanslaughter. If the person liable dies, the action may be brought against theexecutor or administrator of his estate. If he left no estate within the stateof Wyoming, the court may appoint an administrator upon application. 1-38-102.Action to be brought by personal representative; recoveryexempt from debts; measure and element of damages; limitation of action. (a)Every such action shall be brought by and in the name ofthe personal representative of the deceased person.(b)If the deceased left a husband, wife, child, father ormother, no debt of the deceased may be satisfied out of the proceeds of anyjudgment obtained in any action brought under the provisions of this section.(c)The court or jury, as the case may be, in every such actionmay award such damages, pecuniary and exemplary, as shall be deemed fair andjust. Every person for whose benefit such action is brought may prove hisrespective damages, and the court or jury may award such person that amount ofdamages to which it considers such person entitled, including damages for lossof probable future companionship, society and comfort.(d)Every such action shall be commenced within two (2) yearsafter the death of the deceased person.
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  • CHAPTER 38 - WRONGFUL DEATH

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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