Instantly Connect For Your Personal Injury Consultation When Filling Out Form
Your Rock Springs 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 Rock Springs was someone else’s doing, start with the basics below and go at your own pace.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Wyoming law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Before You Hire: Questions For A Rock Springs Attorney
A short list of questions can sort out who is right for you:
- 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).
- The people. Ask who will be in touch with you and how quickly they return calls.
- 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
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
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
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
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 Rock Springs? 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.
What Wyoming Does Not Cap
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.
Filing Deadlines For Injury Claims
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.
What The Other Driver’s Policy Must Cover
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.
Where Treatment and Court Happen in Rock Springs
The court locator of the Wyoming Judicial Branch places the district court for Sweetwater County, in the Third Judicial District, in Green River, at 80 West Flaming Gorge Way, Suite 255, Green River, WY 82935. The same locator also lists a Circuit Court location in Rock Springs. The Wyoming Department of Health’s list of designated trauma centers names Memorial Hospital of Sweetwater County in Rock Springs as an Area Trauma Hospital. Rock Springs lies within Sweetwater 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.
What Happens When You Send The Form From Rock Springs
The form at the top of this page is the starting point. Once you send it, NeedAnAttorney.net matches you with an attorney who handles injury matters near Rock Springs. It costs nothing to use and does not commit you to anything.
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
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.
How long do I have to file an injury lawsuit in Wyoming?
For most injury claims, four years from when the claim 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(d)).
Can I still recover if the accident was partly my fault?
Yes, as long as your share is not more than fifty percent of the total fault, and your award is reduced in proportion to it (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.
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.
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.
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).
Help Elsewhere in Wyoming
People are hurt in every part of Wyoming. These pages cover other communities.
