Wrongful Death Statute of Limitations in Wyoming
Last verified 2026-07 · Source: Wyo. Stat. § 1-38-102 ✓ verified · 3 sources
The deadline
2 years
from Date of death of the decedent, under Wyo. Stat. § 1-38-102.
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If you're researching wrongful death claims in Wyoming, the single most important number is 2 years. That's how long Wyo. Stat. § 1-38-102 gives you to file a wrongful death lawsuit, counted from Date of death of the decedent. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Wyoming Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Wyo. Stat. § 1-38-102 |
| Car Accident | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Credit Card Debt | 8 yrs | Wyo. Stat. 1-3-105(a)(ii) |
| Medical Malpractice | 2 yrs | Wyo. Stat. § 1-3-107 |
| Personal Injury | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Dog Bite | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Slip and Fall | 4 yrs | Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) |
| Defamation | 1 yr | Wyo. Stat. Ann. § 1-3-105(a)(v)(A) |
| Breach of Contract | 10 yrs | Wyo. Stat. § 1-3-105 |
| Medical Debt | 10 yrs | Wyo. Stat. § 1-3-105(a)(i) |
When the Clock Starts
In Wyoming, the limitations period for wrongful death claims generally begins on Date of death of the decedent. Wyoming does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Wyo. Stat. § 1-39-113: Written itemized claim required within 2 years of the alleged act. Must include time, place, circumstances, employee involved, and amount demanded. Must be signed under oath and notarized. Local government claims need not be acted upon before suit. Government liability capped at $250,000 per claimant and $500,000 per occurrence (§ 1-39-118). No punitive damages or pre-judgment interest against government entities.
- Damage caps: No general wrongful death damage cap. Government tort claims capped at $250,000 per claimant / $500,000 per occurrence (Wyo. Stat. § 1-39-118).
Filed by wrongful death representative appointed by court (§ 1-38-103). Both pecuniary and exemplary damages recoverable. Damages include loss of probable future companionship, society, and comfort. Each beneficiary may prove individual damages. Wrongful death proceeds exempt from decedent's debts if spouse, children, or parents survive. Minor tolling under § 1-3-114: 3 years after disability is removed; does not apply to healthcare provider claims. Survival action governed by § 1-38-101.
Source: Wyo. Stat. § 1-38-102, official Wyoming statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Wyoming government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Wyoming Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Wyoming | 2 years | Wyo. Stat. § 1-38-102 |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| South Dakota | 3 yrs | SDCL § 21-5-3 |
| Nebraska | 2 yrs | Neb. Rev. Stat. § 30-810 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| Utah | 2 yrs | Utah Code § 78B-2-304 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Wyoming?
You have 2 years from Date of death of the decedent, under Wyo. Stat. § 1-38-102.
Can I still sue after 2 years in Wyoming?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Wyoming generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Wyo. Stat. § 1-39-113: Written itemized claim required within 2 years of the alleged act. Must include time, place, circumstances, employee involved, and amount demanded. Must be signed under oath and notarized. Local government claims need not be acted upon before suit. Government liability capped at $250,000 per claimant and $500,000 per occurrence (§ 1-39-118). No punitive damages or pre-judgment interest against government entities.
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Sources
- Official Wyo. Stat. Ann. § 1-38-102 (official Wyoming Legislature)
- Corroborating FindLaw - Wyoming Stat. § 1-38-102 Wrongful Death
- Corroborating Justia - Wyoming Stat. § 1-39-113 Government Claims Procedure
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Wyoming attorney.