Plaintiffs in wrongful death actions.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0395

HOUSE BILL
NO.
HB0056

Plaintiffs in wrongful death actions.

Sponsored by:
Representative(s) Greear and Lubnau

A BILL

for

AN ACT relating to
civil procedure; amending and clarifying who may initiate a wrongful death action and who may benefit from such action;
specify
ing
procedures for
establishing potential beneficiaries in
wrongful death actions;
providing
for applicability of the act;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
38
‑
102 is amended to read:

1
‑
38
‑
102.

Action to be brought by personal representative;
determination of person who may benefit;
recovery exempt from debts; measure and element of damages; limitation of action.

(a)

Every
such
action

under W.S. 1
‑
38
‑
101
shall be brought by and in the name of the

deced
ent
's
personal representative
of the deceased person

or administrator, appointed by the probate court having appropriate jurisdiction
.
The personal representative or administrator for the estate of the deceased person shall obtain
authority
from the probate court to settle or compromise any such action prior to trial.

(b)

The persons who may benefit from an action under this section shall be established by an order
issued
by the probate court determined in accordance with the following:

(i)

T
he personal representative or administrator
shall
mail a notice
of a right to file a claim to participate in an action under this section

by
first class
United States
mail
to the dece
dent
's heirs, devisees and any person who is a named beneficiary in the deced
ent
's revocable trust. In addition, the personal
representative
or administrator shall cause to be published notice of such right once a week for three (3) consecutive weeks in a daily or weekly newspaper of general circulation in the county in which probate is pending. The publication may be combined with publication required under W.S. 2
‑
7
‑
201. Any person making a claim pursuant to this sub
section
s
ha
ll file his claim
with the probate court
within three (3) months after the date of first publication of the notice in the newspaper, or before the expiration of thirty (30) days after the mailing, whichever date is later, and any claim not so filed is barred forever.
The clerk of
the probate
court shall forthwith transmit to the per
so
nal representative or administrator one (1) copy of each claim when a
nd
as filed;

(ii
)

Every claim filed under this
sub
section shall
contain a sworn statement setting forth the relationship with the deced
ent
. The personal representative or administrator may also require
satisfactory
evidence to be produced in support of the claim asserted;

(iii)

For every claim filed under this
sub
section, when accompanied by the
sworn statement
required under paragraph (ii) of this subsection:

(A)

The personal representative or administrator shall allow or reject the claim
,
and his allowance or rejection shall be

in writing and filed with the clerk within thirty

(30) days after the expiration of the time for filing claims;

(B)

Every claim allowed by the personal representative or administrator shall be included and ranked among the acknowledged beneficiaries of a wrongful death action filed under this section;

(C)

When a claim has been filed
with
the clerk and is rejected, the personal representative or administrator shall immediately upon rejection notify the claimant by certified mail.

(iv)

If a claim is rejected by the personal representative or administrator under this
sub
section,
the
person

whose claim was rejected may petition

the probate court
to
rule upon
whether the
person
should be allowed to benefit from the wrongful death action. Any petition filed under this paragraph shall not prevent the personal representative or administrator from prosecuting or settling the wrongful death action.

(b)
(c)

If the
deceased

decedent
left a husband, wife, child, father or mother, no debt of the
deceased

decedent
may be satisfied out of the proceeds of any judgment
or settlement

obtained in any action brought under the provisions of this section.

(c)
(d)

The court or jury, as the case may be, in every such action may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit such action is brought

as provided in subsection (b) of this section
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.

For
any such action that is settled or compromised prior to trial, any dispute between the
persons for whose benefit the action is brought under subsection (b) of this section shall be resolved in the probate court.

(d)
(e)

Every such action shall be commenced within two (2) years after the death of the
deceased person

decedent
; provided however, if such action involves medical malpractice this limitation period shall be tolled upon receipt of the claim by the director of the medical review panel as provided in W.S. 9-2-1518(a)
.

Section 2.

The provisions of W.S. 1
‑
38
‑
1
02, as amended by this act, shall be effective for any wrongful death action commenced under W.S. 1-38-102 on or after July 1, 2011.

Section
3
.

This act is effective July 1, 2011.

(END)

1
HB0056