Is a Casper wrongful death claim worth the hassle if workers' comp paid burial?
The one thing an employer is hoping you never find out is that a burial payment usually does not end the case.
Say a Casper warehouse worker is killed when a forklift hits a frost-heaved patch in the loading yard during spring thaw, tips, and crushes him. Workers' comp may pay burial expenses and death benefits fast. That helps with this month's bills. But if a third party caused or contributed to the death - a forklift service company, property owner, outside contractor, parts maker, or a negligent driver in a work crash - a wrongful death claim can be worth far more than the burial check.
In Wyoming, a wrongful death claim is filed by the personal representative of the estate, not by each family member separately. The money is for the statutory beneficiaries, which can include a spouse, children, parents, or siblings, depending on who survived the person who died.
That claim can seek damages for the family's losses, including lost financial support, and the loss of the deceased person's care, comfort, society, and companionship.
A separate survival claim belongs to the estate. That can cover what the person could have claimed if they had lived, such as medical bills, lost wages before death, and conscious pain and suffering before death.
That difference matters because the estate's claim and the family's claim are not the same pot of money.
The usual Wyoming deadline is 2 years from the date of death. Do not sit on it. If a City of Casper vehicle, a county agency, or another government entity was involved - for example a police-crash death - the Wyoming Governmental Claims Act can add special notice requirements and timing problems.
If the death happened on or near a job, workers' comp may cover some benefits, but it does not automatically block a third-party case. That is often where the real recovery is.
Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.
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