Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Wyoming family has two years, and the appointment step can pause the clock.

Two years from death

W.S. 1-38-102(d) requires a wrongful death action to be commenced within two years after the death of the decedent.

Tolling during appointment

If an action to appoint the wrongful death representative is properly filed, the limitation period is tolled from the time it is filed until 30 days after the appointment order is entered.

Compared with an injury claim

Injury claims have four years under W.S. 1-3-105(a)(iv).

Malpractice deaths

A claim arising from health care must be brought within two years of the act or discovery under W.S. 1-3-107; ask an attorney how that interacts with the death deadline.

Governmental entities

A claim must be presented in writing within two years, and suit must be commenced within one year after the claim is filed.

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.