1-38-101. Actions for wrongful death which survive; proceedings against executor or administrator of person liable. Whenever the death of a person is caused by 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 […]
1-38-102. Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action. (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 […]
1-38-103. Appointment of wrongful death representative. (a) The wrongful death representative may be appointed by the district court in the county in which: (i) The decedent resided; (ii) The decedent died; (iii) The claim for relief or some part of the claim for relief arose; or (iv) A defendant resides or may be summoned. (b) […]
1-38-104. Factors for determining wrongful death representative. (a) In appointing the wrongful death representative, the court shall determine the person who will best represent the interests of the potential beneficiaries of the action as a whole. (b) In determining whether the best interests of potential beneficiaries as a whole will be served by appointment of […]
1-38-105. Notice. (a) Within thirty (30) days of the filing of an action to appoint the wrongful death representative, the plaintiff shall cause to be published once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which the decedent resided at the time of […]
