Wyoming Statutes

Wyo. Stat. § 1-4-101 (2026)

Causes of action that survive.

✓ current as of May 2026

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In addition to the causes of action which survive at common law,
causes of action for mesne profits, injuries to the person, an
injury to real or personal estate, or any deceit or fraud also
survive. An action may be brought notwithstanding the death of
the person entitled or liable to the same, but in actions for
personal injury damages, if the person entitled thereto dies
recovery is limited to damages for wrongful death.

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1986–2023 · leading case: Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002).

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Rodriguez v. Casey, 2002 WY 111 (Wyo. 2002). · cites it 5× “Wyo. Stat. Ann. § 1-4-101 (LexisNexis 2001) de-seribes what is known as a "survival" action: In addition to the causes of action which survive at common law, causes of action for mesne profits, injuries to the person, an injury to real or personal estate, or any deceit or fraud…”

Robinson v. Pacificorp, 10 P.3d 1133 (Wyo. 2000). · cites it 10× “She contended that the negligence claim survived her husband's death under the survival statute, Wyo. Stat. Ann. § 1-4-101 (LEXIS 1999). Before the hearing was held on the appel-lees' motions, the Wyoming Supreme Court issued its decision in Corkill v.”

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 3× “See Wyo. Stat. Ann. § 1-4-101 (LexisNexis 2019) (survival action); Wyo.”

Edwards v. Fogarty, 962 P.2d 879 (Wyo. 1998). · cites it 3× “§ 1-4-101 (1997). We distinguished underlying claims, brought by the person who sustains the injury, and the new cause of action which arises upon the death *884 of the injured party in DeHerrera v.”

N. Utils. Div. of K N Energy, Inc. v. Town of Evansville, 822 P.2d 829 (Wyo. 1991). · cites it 2× “W.S. 1-4-101 (1988), entitled "Causes of action that survive", states as follows: In addition to the causes of action which survive at common law, causes of action for mesne profits, injuries to the person, and injury to real or personal estate, or any deceit or fraud also…”

Tillett v. Lippert, 909 P.2d 1158 (Mont. 1996). “Wyo. Stat. § 1-4-101. Even so, the Wyoming court denied punitive damages in a personal injury action against an estate because “[p]ublic policy is not served by permitting the recovery of punitive damages against the estate of a deceased tortfeasor.”

In Re Est. of Drwenski, 2004 WY 5 (Wyo. 2004). “, § 1-4-101 (LexisNexis 2003). The statutory language is clear that a cause of action must arise before death to survive after death.”

Taylor v. Est. of Taylor, 719 P.2d 234 (Wyo. 1986). “Furthermore the cause of action for fraud does survive the death of the individual accused of fraud, § 1-4-101, W.S.1977. These same statutes control a right to recover as to those claiming any interest through Gilbert B.”

Power v. Arlington Hosp., 800 F. Supp. 1384 (E.D. Va. 1992). “) (noneconomic damages in personal injury action limited to $350,000.00); New Mexico, N.”

Scott v. Scott, 918 P.2d 198 (Wyo. 1996). “Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102, before an action may be brought thereon in any court, a claim based thereon shall be filed and shall have been rejected by the personal representative.”

In the Matter of the Est. of Mary Mae Fisher, Deceased: Dwight Lyman & Betty L. Lyman, Trs. of the Dwight Lyman Living Trust Dated November 11, 2016, & Betty L. Lyman & Dwight Lyman, Trs. of the Betty L. Lyman Living Trust Dated November 11, 2016 v. George Wayne Fisher, 2023 WY 25 (Wyo. 2023). “See § 2-7-703 (any creditor’s claim not timely filed is “barred forever”); § 2-7-706 (“Where a cause of action against the decedent survives his death under W.S. 1-4-101 and 1-4-102, before an action may be brought thereon in any court, a claim based thereon shall be filed and…”

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