What Is the Statute of Limitations in Wyoming for Personal Injury?
The statute of limitations for personal injury claims in Wyoming is four years. Working within this deadline can be important to the success of your case. When a personal injury lawsuit is not filed within the statute of limitations, you may lose your right to seek compensation through legal action.
At Burg Simpson Law Firm, our lawyers have decades of experience assisting victims of serious injury. Our firm proudly fights for the rights of individuals and families dealing with the consequences of:
If you or a loved one has been injured in an accident, the Wyoming personal injury lawyers at Burg Simpson are here to help. Call 307-527-7891 for a FREE case review where we can review your claim, discuss your options, and help you understand when it is best to take action. Located in Cody, our injury attorneys serve individuals and families living throughout Wyoming.
How Long Do I Have to File a Personal Injury Claim in Wyoming?
Generally speaking, the statute of limitations for personal injury claims in Wyoming is:
- Four Years. The statute of limitations in Wyoming varies from one to five years depending on the nature of the claim. But for personal injury claims, you have four years from the date of the accident to file a lawsuit (see Wyoming Statutes § 1-3-105).
- Starting Point. The four-year timeline might start on the date the injury occurred or the date when the injury was discovered if it was not immediately obvious. Known as the “discovery rule,” this allows additional time to file when an injury does not produce immediate symptoms.
The discovery rule may allow for additional time. Under most circumstances, however, the court is likely to dismiss the case if it is not filed within the four-year statute of limitations. It is very important to consult a Wyoming personal injury lawyer as soon as possible to ensure all legal procedures are followed within this four-year window.
The personal injury attorneys at our Wyoming office have decades of experience helping victims and their families seek full compensation following a serious injury. If you need help, do not hesitate to contact us for an obligation-free and risk-free consultation where we can listen to your story, discuss your legal options, and guide you toward the best course of action.
Are There Exceptions to the Statute of Limitations in Wyoming?
Depending on the circumstances, there may be exceptions to Wyoming’s personal injury statute of limitations. These include:
- Minors. If the injured party is a minor, the statute of limitations may be extended until the individual reaches the age of majority (18).
- Mental Incompetence. If the injured person has been deemed mentally incompetent, the time limit might be extended.
Exceptions to the statute of limitations are not common, but they are possible. Even if you believe you have lost your right to file suit, we encourage you to contact our office to discuss your claim for free and learn more about your options.
What Is a Personal Injury?
There are several kinds of injuries you can sustain in an accident. Some are minor and will not have any lasting impacts on your life. Others, however, are much more serious and demand the attention of a qualified personal injury lawyer.
Catastrophic injuries, such as traumatic brain injury, spinal cord injury, and severe burns, will result in long-term consequences. Depending on the severity of the injury, they might even result in permanent disabilities.
Many victims of serious injury require ongoing medical care, rehabilitation, and/or therapy. This can lead to significant medical bills and financial burdens. What’s more, these injuries may affect your ability to work, engage in hobbies, or maintain relationships, allowing them to have a significant impact on your quality of life.
Issues like anxiety, depression, and PTSD often accompany catastrophic injury. Addressing these issues may require ongoing therapeutic or counseling services in addition to the medical services needed to assist with physical consequences. When your injury is the result of someone else’s negligence, you have every right to seek compensation for these expenses.
What Kinds of Damages Can I Seek?
Depending on the nature of your injury, you may be entitled to seek both special damages (economic damages) and general damages (non-economic damages) through legal action. Wyoming does not place caps on how much compensation you can seek through a personal injury lawsuit.
Special damages may include:
- Medical Expenses. Costs related to medical treatment, rehabilitation, therapy, medications, medical equipment, and future medical care.
- Loss of Wages. Compensation for lost earnings due to time off work, including future lost earning capacity if the injury impacts your ability to work long-term.
- Property Damage. Repair or replacement costs for any property damaged in the incident.
- And More. Anything with a fixed and provable cost can fall under economic damages.
General damages may include:
- Physical Discomfort. Compensation for physical pain and suffering.
- Loss of Consortium. Damages for loss of companionship or relationship with a spouse or family member due to the injury.
- Emotional Distress. Reimbursement for psychological impacts.
Understanding the various damages that may be available in a personal injury claim can help determine what your case may be worth. Our experienced Wyoming personal injury lawyers will provide guidance tailored to your specific needs and situation to ensure all relevant damages are identified and sought.
Do I Need a Personal Injury Lawyer?
You are not required to have a personal injury lawyer to file a lawsuit in Wyoming, however, when you are seeking compensation beyond the initial offer made by insurance, you will want one. Insurance companies and their legal teams know how to defend against large settlements. Having an experienced trial attorney on your side helps to ensure your rights are protected.
In addition to sound legal advice and protection against insurance companies, good reasons to hire a personal injury lawyer include:
Experience in Personal Injury Law
Personal injury lawyers focus on this specific area of law, ensuring they have the knowledge, experience, and understanding to navigate the complex legal landscape. They know how to evaluate the merits of your case, gather evidence, and build a compelling argument on your behalf.
Most personal injury claims never make it to court; instead, they are settled during negotiations. A personal injury lawyer has experience negotiating with defense attorneys and insurance companies—and can help you secure a fair settlement that takes into account all of the damages caused by your injuries.
Access to Resources
Building a personal injury claim often requires extensive research, accident recreation, expert testimony, and other supporting documentation. Personal injury lawyers have access to these resources and the professional network necessary to help gather evidence for your claim.
No Upfront Costs
Most personal injury lawyers work on a contingency fee basis. This means you do not pay any legal fees unless they successfully win your case or secure a settlement. This ensures that you can pursue a claim without the worry of upfront legal costs.
Representation in Court
If negotiations break down and your claim goes to trial, a personal injury lawyer will represent you in court. They will prepare your case, handle all court procedures, and advocate on your behalf in front of a judge or jury. This can be particularly beneficial if you are up against a large corporation or insurance company that has access to experienced legal teams.
The personal injury attorneys at Burg Simpson understand the intricacies of Wyoming civil procedures and have decades of experience battling insurance companies to help victims get fair compensation. Our attorneys are skilled negotiators and proven litigators, enabling our firm to secure several significant settlements and verdicts for victims of serious injuries in Wyoming and beyond.
All of our personal injury cases are handled on a contingency basis, with constant communication to ensure you are never left in the dark. We stand by our clients 100 percent and continue to fight until the best possible outcome has been achieved.
Contact Our Wyoming Personal Injury Lawyers for Free!
If you have been injured or a loved one has been killed in an accident, contact Burg Simpson Law Firm to schedule your complimentary case review today. Located in Cody, our Wyoming personal injury lawyers serve Cheyenne, Gillette, Rock Springs, Wheatland, and all surrounding areas of the state.