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Your Kirby Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Kirby was someone else’s doing, start with the basics below and go at your own pace.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from Wyoming’s own statutes so that you can check them yourself.
Before You Hire: Questions For A Kirby Attorney
Ask these in any first conversation:
- 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)).
- 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)).
- 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).
- 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.
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
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
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 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.
Injured in Kirby? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
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.
How Long You Have To File
The ordinary time limit for an injury claim in Wyoming is four years from when the claim accrues (W.S. 1-3-105(a)(iv)(C)). For a death, the limit is shorter, two years from the death (W.S. 1-38-102).
If a city, county or other governmental entity may be responsible, the steps differ. A claim has to be presented to the entity as an itemized written statement within two years of the act, error or omission, with a narrow exception for late discovery (W.S. 1-39-113(a)), and the action is barred unless commenced within one year after that claim is filed (W.S. 1-39-114).
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.
The Court Listed for Kirby
Kirby is in Hot Springs County, and the Wyoming Judicial Branch’s court locator shows that county’s district court in Thermopolis, at 415 Arapahoe Street, Thermopolis, WY 82443.
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.
Where To Begin After An Injury In Kirby
Fill in the form at the top of this page. NeedAnAttorney.net will connect you with an attorney who handles Kirby injury cases, and the form is free to use. Sending it does not mean you have hired 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 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.
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.
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).
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
What is the deadline to sue for an injury in Kirby?
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 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.
If You Were Hurt Somewhere Else In Wyoming
If your injury happened outside Kirby, one of these pages may fit better.
