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Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Evanston, the weeks afterward bring decisions that feel bigger than they should. Here is what Wyoming law says, in plain terms, so you can ask better questions.
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 Evanston
Ask these in any first conversation:
- 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 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)).
- Any ceiling. Ask whether anything caps what you could recover. The Wyoming Constitution says no law may limit the damages for causing 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.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
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
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
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 a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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.
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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.
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
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
The minimum liability limits for a Wyoming owner’s policy are $25,000 per person and $50,000 per accident for injuries, and $20,000 for property damage (W.S. 31-9-405(b)). They are minimums, not a measure of what your claim is worth.
When the other driver carries only the minimum and your injuries are serious, any other policy that applies to the crash becomes important, and an attorney can help identify it.
Local Courts and Care Near Evanston
The Wyoming Department of Health’s list of designated trauma centers names Evanston Regional Hospital in Evanston as a Community Trauma Hospital. Evanston holds district court for Uinta County: the court locator of the Wyoming Judicial Branch shows the Third Judicial District’s district court at 225 9th Street, Evanston, WY 82931. For Census purposes Evanston is part of Uinta County.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
Where To Begin After An Injury In Evanston
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 Evanston area. There is no charge to submit it, and submitting it does not hire anyone.
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
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 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.
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.
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).
Which court would hear an injury case from Evanston?
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.
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)).
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 cap on what I can recover for pain and suffering?
Not for an ordinary claim. The Wyoming Constitution, Article 10, section 4(a), bars laws limiting damages for injury or death, though W.S. 1-39-118(a) limits liability of governmental entities.
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