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Your Sinclair Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Sinclair because of another person’s actions, this page explains how Wyoming treats injury claims so you can plan your next step.
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 Sinclair Attorney
Bring these to your first call, whoever it is with:
- 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)).
- Your share of fault. Ask how a finding that you were partly responsible would change the numbers (W.S. 1-1-109).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
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
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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Sinclair? Get matched with an attorney now.
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.
What Wyoming Does Not Cap
Wyoming does not put a statutory ceiling on compensatory damages for injury or death, and its Constitution forbids one (Wyoming Constitution Article 10, section 4(a)). What you can recover is a question of proof: the bills, the missed work, the lasting effects and the other person’s share of fault.
If a government body caused your injury, the Governmental Claims Act sets limits of $250,000 per claimant and $500,000 per occurrence (W.S. 1-39-118(a)), and it also sets its own filing steps, covered in the next section.
When the Clock Starts and Stops
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.
Court Information for Sinclair
Sinclair 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.
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.
Starting The Personal Injury Attorney Wyoming Sinclair Intake Process
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 Sinclair. 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
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 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.
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.
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
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)).
If I was partly responsible, can I still recover something?
Yes, if your fault is not more than fifty percent of the total fault of all actors. Your damages are then reduced by your percentage (W.S. 1-1-109(b)).
Injury Attorney Pages For Other Wyoming Communities
People are hurt in every part of Wyoming. These pages cover other communities.
