Wyoming Statutes

Wyo. Stat. § 1-38-102 (2026)

Action to be brought by wrongful death

✓ current as of May 2026

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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 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.

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 1979–2022 · leading case: Wetering v. Eisele, 682 P.2d 1055 (Wyo. 1984).

Sort: Relevance Newest Treatment

Wetering v. Eisele, 682 P.2d 1055 (Wyo. 1984). · cites it 19× “We must determine whether the brothers and sisters of a decedent are included *1057 within the phrase "every person for whose benefit such action is brought" found in § 1-38-102, W.S. 1977 (Cum.Supp. 1983). The district court, with some reluctance, held that they were not…”

In Re Est. of Johnson, 2010 WY 63 (Wyo. 2010). · cites it 18× “[1] In reaching those conclusions, we find Wyo. Stat. Ann. § 1-38-102 (a) to be unambiguous.”

Corkill v. Knowles, 955 P.2d 438 (Wyo. 1998). · cites it 15× “§ 1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation of action.”

Robin Meeker Gaston, Appointed Pers. Rep. for the Est. of Robert Meeker v. Life Care Centers of Am., Inc., a Foreign Corp., D/B/A Westview Health Care Ctr., 2021 WY 74 (Wyo. 2021). · cites it 9× “Gaston alleges Westview committed various acts of negligence while caring for Mr. Meeker that caused “physical injuries, including but not limited to urinary tract infection, falls, skin tears, .”

Danculovich v. Brown, 593 P.2d 187 (Wyo. 1979). · cites it 6× “Plaintiffs-appellants brought this action under the wrongful death act, § 1-38-102, W.S. 1977, [1] as administrators of the estate of Carl Danculovich, deceased, against defendant-appellee, who was driving the motor vehicle involved in a one-automobile accident near Wheatland in…”

Saffels v. Bennett, 630 P.2d 505 (Wyo. 1981). · cites it 10× “00) per month for a period of ten (10) years or until Appellant's death, and Appellant having lost that source of income that she was dependent upon because of the wrongful act of the Appellee causing the death of Loren Harold Saffels, the decedent, is the Appellant a proper…”

Gates v. Richardson, 719 P.2d 193 (Wyo. 1986). · cites it 4× “The wrongful death statute, § 1-38-102, W.S. 1977, Cum. Supp. 1985, which we interpreted in Wetering v.”

Robert J. Craft & Sabrina Craft, individually & as Pers. Rep. of the Est. of Robert James Anderson v. State of Wyoming ex rel., Wyoming Dep't of Health Wyoming State Hosp. Thomas O. Forslund, individually & in his Off. capacity as Dir. of the Wyoming Dep't of Health Richard Dunkley, individually & in his Off. capacity as Adm'r of the Wyoming State Hosp. David Carrington, M.D. Sarah J. Rogers, Ph.D. James Fleenor, PMHNP-BC Martha Mueller, FNP-BC Sara Young, RN Xandrea Vrooman Steve Billman Michael Saxton Lidia Garcia Edgar Hernandez-Bautista Antoinette \Shelby\" Hutcherson Renita Hurdsman Giovanni Cerda Paul Mullenax Bill Sexton Jennifer Schmidt-Arroyo Jennifer Alexander & Spencer Kimble", 2020 WY 70 (Wyo. 2020). · cites it 4× “Craft from 2 being a recognized wrongful death beneficiary pursuant to Wyo. Stat. Ann. § 1-38-102 because he had no “familial connection” to Mr.”

Robinson v. Pacificorp, 10 P.3d 1133 (Wyo. 2000). · cites it 7× “§ 1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation period.”

Halliburton Energy Servs., Inc. v. Gunter, 2007 WY 151 (Wyo. 2007). · cites it 4× “[T1] The underlying question in these related cases is whether the personal representative appointed to pursue a civil wrongful death action under Wyo. Stat. Ann. § 1-38-102 (a) (LexisNexis 2007) must be a resident of the State of Wyoming, as is required for intestate estate…”

Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998). · cites it 13× “EDWARDS, as Personal Representative of the Estate of Larry Edwards, Deceased, for and on behalf of each person entitled to claim pursuant to W.S. § 1-38-102 (1977), Appellants (Plaintiffs), v.”

Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). · cites it 9× “W.S. 1-38-102 (Cum.Supp. 1987) (emphasis added).”

Show all 31 citing cases →

— Wyo. Stat. § 1-38-102(a) — 2 cases

Wetering v. Eisele, 682 P.2d 1055 (Wyo. 1984). “We must determine whether the brothers and sisters of a decedent are included *1057 within the phrase "every person for whose benefit such action is brought" found in § 1-38-102, W.S. 1977 (Cum.Supp. 1983). The district court, with some reluctance, held that they were not…”

Corkill v. Knowles, 955 P.2d 438 (Wyo. 1998). “§ 1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation of action.”

— Wyo. Stat. § 1-38-102(b) — 4 cases

Robin Meeker Gaston, Appointed Pers. Rep. for the Est. of Robert Meeker v. Life Care Centers of Am., Inc., a Foreign Corp., D/B/A Westview Health Care Ctr., 2021 WY 74 (Wyo. 2021). “Gaston alleges Westview committed various acts of negligence while caring for Mr. Meeker that caused “physical injuries, including but not limited to urinary tract infection, falls, skin tears, .”

Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “W.S. 1-38-102 (Cum.Supp. 1987) (emphasis added).”

Saffels v. Bennett, 630 P.2d 505 (Wyo. 1981). “00) per month for a period of ten (10) years or until Appellant's death, and Appellant having lost that source of income that she was dependent upon because of the wrongful act of the Appellee causing the death of Loren Harold Saffels, the decedent, is the Appellant a proper…”

— Wyo. Stat. § 1-38-102(c) — 5 cases

Butler v. Halstead by & Through Colley, 770 P.2d 698 (Wyo. 1989). “W.S. 1-38-102 (Cum.Supp. 1987) (emphasis added).”

West v. Wyoming State Treasurer, 822 P.2d 1269 (Wyo. 1991).

Nulle v. Gillette-Campbell Cnty. Jt. Powers Fire Bd., 797 P.2d 1171 (Wyo. 1990).

— Wyo. Stat. § 1-38-102(d) — 6 cases

Robinson v. Pacificorp, 10 P.3d 1133 (Wyo. 2000). “§ 1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation period.”

Corkill v. Knowles, 955 P.2d 438 (Wyo. 1998). “§ 1-38-102. Action to be brought by personal representative; recovery exempt from debts; measure and element of damages; limitation of action.”

Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998). “EDWARDS, as Personal Representative of the Estate of Larry Edwards, Deceased, for and on behalf of each person entitled to claim pursuant to W.S. § 1-38-102 (1977), Appellants (Plaintiffs), v.”

Porter v. Ford Motor Co., 917 F.3d 1246 (10th Cir. 2019).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.