Wrongful Death Damages in Wyoming: No Cap, Exemplary Allowed

By the FigureMyTax Editorial Team · How we calculate

Wyoming's wrongful death statute is among the broadest, and the Constitution protects it from caps.

The measure

The court or jury may award such damages, pecuniary and exemplary, as shall be deemed fair and just.

Companionship is named

Every beneficiary may prove his or her own damages, and the award may include damages for loss of probable future companionship, society and comfort.

No cap

Article 10, section 4(a) of the Wyoming Constitution bars any law limiting damages for the injury or death of any person.

Governmental entities

If a governmental entity is liable, W.S. 1-39-118 limits recovery to $250,000 per claimant and $500,000 per occurrence, or $1,000,000 for governmental health care malpractice.

Fault

A decedent's fault bars the claim only if it is more than 50% of the total, and defendants pay only their own share under W.S. 1-1-109.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wyoming's rules apply to your specific case with a licensed Wyoming attorney.