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Your Pine Bluffs Personal Injury Attorney
If you are reading this after an accident in Pine Bluffs, 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.
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.
Questions To Ask A Pine Bluffs Injury Attorney
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 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)).
- 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.
- The people. Ask who will be in touch with you and how quickly they return calls.
Kinds of Injury Claims
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
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). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
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Sharing Blame Without Losing Your Claim
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
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.
Insurance Minimums in Wyoming
Wyoming’s financial responsibility law sets the minimum for an owner’s liability policy at $25,000 per person and $50,000 per accident for injuries, plus $20,000 for property damage (W.S. 31-9-405(b)). A crash with several injured people can use up those limits quickly.
That is why other coverage matters. Before you accept a payment, ask your attorney to check for every policy that might apply, yours included.
The Courthouse for Pine Bluffs
The court locator of the Wyoming Judicial Branch places the district court for Laramie County, in the First Judicial District, in Cheyenne, at 309 West 20th Street, Room 3205, Cheyenne, WY 82003. For Census purposes Pine Bluffs is part of Laramie County.
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.
How The Intake Process Works In Pine Bluffs
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 Pine Bluffs cases. Using it is free, and it does not create an attorney client relationship.
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
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.
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 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.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
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.
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
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)).
Injury Attorney Pages For Other Wyoming Communities
If your injury happened outside Pine Bluffs, one of these pages may fit better.
