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Your Fort Washakie Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Fort Washakie, you are allowed to take your time understanding your options before you sign or say anything.
A quick note on what this page is: general information about Wyoming injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask A Fort Washakie Injury Attorney
Bring these to your first call, whoever it is with:
- The date. Ask for the specific last day to file in your case. The general rule is four years (W.S. 1-3-105(a)(iv)(C)).
- Limits on damages. Ask whether any limit applies to your claim; Wyoming’s Constitution bars laws that limit damages for injury or death (Wyoming Constitution Article 10, section 4(a)).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (W.S. 1-1-109).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. Wyoming law requires a wrongful death action to be brought by the wrongful death representative for the exclusive benefit of the beneficiaries (W.S. 1-38-102). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Fort Washakie? Get matched with an attorney now.
Fault Shared Among Several People
Many people stay quiet because they think any mistake of their own ends a claim. In Wyoming it does not, up to a point. W.S. 1-1-109 provides that contributory fault is not a bar if the claimant’s fault is not more than fifty percent of the total fault of all actors, and any damages allowed are diminished in proportion to the fault attributed to the claimant.
An actor under that statute includes a person whose fault helped cause the injury whether or not that person is part of the lawsuit. Each defendant answers only for its own proportion of the total fault.
Is There A Limit On The Award?
The Wyoming Constitution addresses damages directly. It provides that no law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person (Wyoming Constitution Article 10, section 4(a)). An award for your medical bills, lost income and pain and suffering is therefore decided by the facts, not by a legislative ceiling.
The exception is a claim against a governmental entity. W.S. 1-39-118(a) limits liability to $250,000 per claimant and $500,000 per occurrence, with exceptions that depend on the entity’s insurance.
When the Clock Starts and Stops
Civil actions for an injury to the rights of the plaintiff that do not arise on a contract and are not covered by a more specific rule must be brought within four years after the cause of action accrues (W.S. 1-3-105(a)(iv)(C)). A wrongful death action must be commenced within two years after the death (W.S. 1-38-102). Because one rule is twice as long as the other, the type of claim decides the date, so ask about it in your first conversation.
If you were a minor or under another legal disability when the claim arose, W.S. 1-3-114 allows three years after the disability is removed or any other statutory period, whichever is greater. That rule does not cover claims about licensed or certified health care services.
Insurance Minimums in Wyoming
Under W.S. 31-9-405(b), an owner’s motor vehicle liability policy must provide at least $25,000 for injury to one person, $50,000 for injury to two or more people in one accident, and $20,000 for property damage. Those figures are floors, and a serious injury can cost more than the other driver’s policy pays.
If your bills pass that limit, it helps to know early what other coverage may exist, including your own policy. Ask your attorney to look at every policy that could apply.
Court Information for Fort Washakie
Look up Fremont County in the Wyoming Judicial Branch’s court locator: the Ninth Judicial District’s district court is in Lander, at 450 North 2nd Street, Room 235, Lander, WY 82520. Fort Washakie lies within Fremont County.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
Starting The Personal Injury Attorney Wyoming Fort Washakie Intake Process
Start with the form at the top. It asks a few questions about the injury, and we pass your answers to an attorney who handles Fort Washakie cases. Using it is free, and it does not create an attorney client relationship.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
What if a city, county or other government body caused my injury?
Yes. The claim must first be presented to the entity as an itemized written statement within two years of the act, error or omission (W.S. 1-39-113(a)), and suit must be commenced within one year after the claim is filed (W.S. 1-39-114).
Does it matter if my attorney knows the Fort Washakie area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Fort Washakie.
What is the Wyoming statute of limitations for an injury claim?
Generally four years (W.S. 1-3-105(a)(iv)(C)). For a wrongful death, the limit is two years from the date of death (W.S. 1-38-102(d)).
Can I still recover if the accident was partly my fault?
Yes, as long as your share is not more than fifty percent of the total fault, and your award is reduced in proportion to it (W.S. 1-1-109(b)).
Does Wyoming put a ceiling on pain and suffering?
The Wyoming Constitution says no law shall be enacted limiting the amount of damages to be recovered for causing injury or death (Wyoming Constitution Article 10, section 4(a)). Claims against governmental entities have their own limits (W.S. 1-39-118(a)).
What are Wyoming’s minimum auto insurance limits?
At least $25,000 per person and $50,000 per accident for injuries, and $20,000 for property damage (W.S. 31-9-405(b)).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
If You Were Hurt Somewhere Else In Wyoming
If your injury happened outside Fort Washakie, one of these pages may fit better.
