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Your Afton Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Afton because of another person’s actions, this page explains how Wyoming treats injury claims so you can plan your next step.
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.
Before You Hire: Questions For An Afton Attorney
Ask these in any first conversation:
- 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)).
- 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).
- 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.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
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
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Afton? Get matched with an attorney now.
Fault Shared Among Several People
Wyoming uses a modified comparative fault rule. According to W.S. 1-1-109, a claimant whose fault is not more than fifty percent of the total can still recover, and the award is reduced by the claimant’s percentage. If a jury found you 30 percent at fault for a $100,000 loss, the award would be reduced by $30,000.
Each defendant is liable only for its own share of the total fault, and the jury is told the consequences of the percentages it finds. Because fifty percent is the dividing line, the share assigned to you is worth arguing about.
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
Wyoming allows four years for most injury claims that do not arise on a contract (W.S. 1-3-105(a)(iv)(C)), but only two years after the death for a wrongful death action (W.S. 1-38-102). Missing the date usually ends the case, so ask any attorney to name the exact last day for yours.
A minor or a person under a legal disability may have more time: W.S. 1-3-114 gives three years after the disability is removed or any other statutory period, whichever is greater. Health care claims are carved out of that rule.
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.
Local Courts and Care Near Afton
Afton is in Lincoln County, and the Wyoming Judicial Branch’s court locator shows that county’s district court in Kemmerer, at 1040 Justice Center Drive, Kemmerer, WY 83101. The same locator also lists a Circuit Court location in Afton. According to the Wyoming Department of Health, Star Valley Medical Center is a Community Trauma Hospital in Afton, one of the designated trauma centers in the state.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Starting The Personal Injury Attorney Wyoming Afton 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 Afton cases. Using it is free, and it does not create an attorney client relationship.
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
What is the deadline to sue for an injury in Afton?
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)).
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).
How much insurance does the other driver have to have?
An owner’s policy must provide at least $25,000 for injury to one person, $50,000 for injury to two or more in one 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.
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.
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
Injury Attorney Pages For Other Wyoming Communities
People are hurt in every part of Wyoming. These pages cover other communities.
