Wyoming § 1-38-102 Action to be brought by wrongful death
representative; recovery exempt from debts; measure and element
of damages; limitation of action

Wyoming Statutes

§ 1-38-102 — Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action

Wyoming § 1-38-102

Title 01Civil Procedure

Ch. 38WRONGFUL DEATH

This text of Wyoming § 1-38-102 (Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 1-38-102 (2026).

Text

(a)Every wrongful death action under W.S. 1-38-101 shall be brought by and in the name of the decedent's wrongful death representative for the exclusive benefit of beneficiaries who have sustained damage.

(b)If the decedent left a husband, wife, child, father or mother, no debt of the decedent may be satisfied out of the proceeds of any judgment obtained in any action for wrongful death or out of the proceeds of any settlement of a wrongful death claim.

(c)The court or jury, as the case may be, may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit an action for wrongful death is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled

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(a) Every wrongful death action under W.S. 1-38-101 shall
be brought by and in the name of the decedent's wrongful death
representative for the exclusive benefit of beneficiaries who
have sustained damage.
(b) If the decedent left a husband, wife, child, father or
mother, no debt of the decedent may be satisfied out of the
proceeds of any judgment obtained in any action for wrongful
death or out of the proceeds of any settlement of a wrongful
death claim.
(c) The court or jury, as the case may be, may award such
damages, pecuniary and exemplary, as shall be deemed fair and
just. Every person for whose benefit an action for wrongful
death is brought may prove his respective damages, and the court
or jury may award such person that amount of damages to which it
considers such person entitled, including damages for loss of
probable future companionship, society and comfort.
(d) An action for wrongful death shall be commenced within
two (2) years after the death of the decedent.
(e) The court appointing the wrongful death representative
may approve a settlement of a wrongful death action or a
wrongful death claim and resolve disputes relating to the
allocation of settlement proceeds.