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Your Wheatland Personal Injury Attorney
If you are reading this after an accident in Wheatland, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
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 Worth Asking In Wheatland
A short list of questions can sort out who is right for you:
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of fault (W.S. 1-1-109).
- 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)).
- 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)).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Injury Claims People Ask About
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Wheatland? 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.
What Wyoming Does Not Cap
Many states limit pain and suffering awards. Wyoming’s Constitution takes a different position: 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)). That means compensatory damages in an ordinary injury or death claim are not capped by a statute.
Claims against a governmental entity are different. Under the Governmental Claims Act, liability is generally limited to $250,000 for any claimant for claims arising out of a single transaction or occurrence, and $500,000 for all claims of all claimants from that occurrence (W.S. 1-39-118(a)), subject to the exceptions written into the statute.
How Long You Have To File
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 Wheatland
The Wyoming Department of Health’s list of designated trauma centers names Platte County Hospital in Wheatland as a Trauma Receiving Facility. According to the court locator of the Wyoming Judicial Branch, the District Court of the Eighth Judicial District sits in Wheatland, at 800 9th Street, Wheatland, WY 82201. The Census Bureau counts Wheatland in Platte 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 Wheatland Intake Process
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Wheatland injury cases, and the form is free to use. Sending it does not mean you have hired anyone.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
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)).
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)).
How much liability coverage must a Wyoming driver carry?
The minimums for an owner’s policy are $25,000 per person, $50,000 per accident and $20,000 for property damage (W.S. 31-9-405(b)).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
Are there special steps for claims against the government?
There are. The itemized written claim must be presented within two years of the act, error or omission (W.S. 1-39-113(a)), and the action follows within one year after filing the claim (W.S. 1-39-114).
Should my attorney be local to Wheatland?
Not required, but useful. Someone who works regularly near Wheatland will know how the nearby courts and clinics operate.
What is the deadline to sue for an injury in Wheatland?
Four years for most personal injury claims that do not arise on a contract (W.S. 1-3-105(a)(iv)(C)), and two years after the death for wrongful death (W.S. 1-38-102(d)).
Serving Injured Clients Across Wyoming
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