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Your Torrington Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Torrington, it is reasonable to want a clear picture before you decide anything.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Wyoming law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Torrington
A short list of questions can sort out who is right for you:
- The deadline. Ask the attorney to name the exact last day to file for your claim. Wyoming’s general limit for injury claims is four years (W.S. 1-3-105(a)(iv)(C)).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (W.S. 1-1-109).
- 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)).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Common Kinds of Injury Claims
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
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
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
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 Torrington? Get matched with an attorney now.
When You Were Partly At Fault
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.
No Constitutional Room For A Damages Cap
Wyoming does not put a statutory ceiling on compensatory damages for injury or death, and its Constitution forbids one (Wyoming Constitution Article 10, section 4(a)). What you can recover is a question of proof: the bills, the missed work, the lasting effects and the other person’s share of fault.
If a government body caused your injury, the Governmental Claims Act sets limits of $250,000 per claimant and $500,000 per occurrence (W.S. 1-39-118(a)), and it also sets its own filing steps, covered in the next section.
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.
Auto Insurance Limits 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.
Where Treatment and Court Happen in Torrington
Torrington lies within Goshen County. Look up Goshen County in the Wyoming Judicial Branch’s court locator and you find the Eighth Judicial District’s district court in Torrington, at 2125 East A Street, Torrington, WY 82240. According to the Wyoming Department of Health, Community Hospital is a Trauma Receiving Facility in Torrington, one of the designated trauma centers in the state.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
Your First Step After Getting Hurt In Torrington
Use the form at the top of the page to tell us what happened. We connect you with an attorney who takes injury cases in the Torrington area. There is no charge to submit it, and submitting it does not hire anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
Which court would hear an injury case from Torrington?
An attorney will tell you which court has jurisdiction in your situation. The state judiciary’s court listing, described above, shows where its local courts are.
How long do I have to file an injury lawsuit in Wyoming?
For most injury claims, four years from when the claim 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(d)).
Does Wyoming bar me from recovering if I share the blame?
Not unless your share is more than fifty percent. At fifty percent or less you can recover, reduced by your share (W.S. 1-1-109(b)).
Is there a limit on damages for an injury in Wyoming?
No statutory ceiling applies to ordinary injury or death claims, because Article 10, section 4(a) of the Wyoming Constitution forbids one. Governmental entities are the exception, with limits in 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.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Is a claim against a government entity different in Wyoming?
It is. Under W.S. 1-39-113(a) the claim is presented in writing within two years of the act, error or omission, and W.S. 1-39-114 bars the action unless it is commenced within one year after the claim is filed.
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