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Your Saratoga Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Saratoga, 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.
Before You Hire: Questions For A Saratoga 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)).
- 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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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 someone you love died because another person was careless or at fault, the law treats it separately. 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.
Injured in Saratoga? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
People often assume that if they made a mistake, they get nothing. Wyoming law is more forgiving. Under W.S. 1-1-109, contributory fault does not bar a recovery if the claimant’s fault is not more than fifty percent of the total fault of all actors, and the damages are diminished in proportion to the claimant’s share.
The same statute has the jury decide the total damages without regard to fault and the percentage of fault of each actor, and then the court reduces the award by the claimant’s percentage. Each defendant is liable only to the extent of that defendant’s own proportion of the total fault, so who else shares the blame matters.
Is There A Limit On The Award?
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.
What The Other Driver’s Policy Must Cover
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.
Where Treatment and Court Happen in Saratoga
The Wyoming Department of Health’s list of designated trauma centers names North Platte Valley Medical Center in Saratoga as a Trauma Receiving Facility. Saratoga is in Carbon County, and the Wyoming Judicial Branch’s court locator shows that county’s district court in Rawlins, at 415 West Pine Street, Rawlins, WY 82301.
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.
How To Take The First Step In Saratoga
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 Saratoga. It costs nothing to use and does not commit you to anything.
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 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)).
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)).
Does Wyoming put a ceiling on pain and suffering?
The Wyoming Constitution says no law shall be enacted limiting the amount of damages to be recovered for causing injury or death (Wyoming Constitution Article 10, section 4(a)). Claims against governmental entities have their own limits (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)).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
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.
What comes first after an injury?
Seek medical attention first. Then report what happened, photograph the scene and your injuries, and note the details in writing while they are fresh.
Injury Attorney Pages For Other Wyoming Communities
The same matching service covers more of Wyoming. Pick the community closest to where it happened.
