When a person is hurt because of another person or company’s actions or inactions, then the injured individual may have grounds for a Wyoming personal injury lawsuit against the responsible party. Whether you’ve been hurt in a slip-and-fall accident, a car crash, as a result of a doctor’s misdiagnosis or in another situation, contact a Wyoming personal injury lawyer immediately. You have a limited amount of time to file a legal claim, and if you wait too long, you may be barred from recovering any money.
Proving a Wyoming Personal Injury Claim
For your lawsuit to succeed, you and your Wyoming personal injury attorney will have to prove three things:
- That the party you’re suing (known as the defendant) owed you a duty of care, or had a legal responsibility to try to avoid hurting you
- That the defendant’s reckless, negligent or intentional actions caused you to be injured
- That you suffered financial losses (known as damages) as a result of your injuries
Time Limit to File a Wyoming Personal Injury Lawsuit
Each state imposes time limits – known as statutes of limitations — on filing personal injury lawsuits. In Wyoming, the statute of limitations on most injury claims is four years from the date of your accident or injury. However, medical malpractice lawsuits must be filed within two years, as must wrongful death claims.
If you’re suing a Wyoming government agency, your personal injury attorney must formally notify the government of your claim within two years of your injuries. If you’re unable to negotiate a settlement with the government, then your lawsuit must be filed within one year of your formal claim.
In certain instances (for example, if the injury was not immediately discovered or if the injured party was a minor) these time limits may be extended. But you should assume that your time to file a lawsuit is limited and understand that if you wait even a day too long, you may be barred from recovering any damages.
Wyoming Negligence Laws
Wyoming follows what is known as a modified comparative negligence rule. In essence, if the injured party bears some responsibility for his or her injuries, then any damages received will be reduced in direct proportion to his or her share of the responsibility. If the injured party bears 51 percent or more of the responsibility, then the injured party may be unable to recover any damages.