Personal Injury Statute of Limitations in Wyoming
If you’ve been injured in an accident and hope to file a personal injury lawsuit, it’s important to know how much time you have. The legal timeframe within which you must take action to protect your rights is known as the “statute of limitations.” Each state in the United States has its own statute of limitations for various causes of action, including personal injury cases.
In Wyoming, these limitations are critical to know and adhere to if you wish to pursue a personal injury claim. This is because after this period of time is up, you lose your right to pursue an action. We’ll help you understand Wyoming’s statute of limitations for personal injury cases, so you can be as informed as possible going into the claims process.
What is a Statute of Limitations?
The statute of limitations is a time limit established by the law, determining the period within which a lawsuit must be filed. For personal injury cases, this timeframe typically begins from the date of the accident when the injured party would have become aware of his/her injuries. However, if an injured party does not know or have reason to know about the existence of an injury until sometime after the accident, the timeframe would begin when the injured party “knows or has reason to know” about the existence of the cause of action (bodily injury). This has been called “the Discovery Rule.” An experienced personal injury attorney can advise you regarding when the limitation timeframe begins based on the unique circumstances of your case.
The purpose of the statute of limitations is to encourage plaintiffs to bring their claims to court in a timely manner, so that evidence and witnesses are still available and fresh.
Statute of Limitations for Personal Injury Cases in Wyoming
In Wyoming, the statute of limitations for personal injury cases varies depending on the type of claim and the party responsible.
Personal Injury
For most personal injury cases, including car accidents, dog bites, and other general negligence claims, the statute of limitations is four years from the date of the injury or the date of its discovery. This means that injured parties have a four-year window from the incident date to file a lawsuit against the responsible party.
Medical Malpractice
In cases involving medical malpractice, the statute of limitations is generally two years from the date of the act, error, or omission of the medical provider.
If the act, error, or omission of the medical provider could not have reasonably been discovered within the two-year statute of limitations, or if it went undiscovered despite the plaintiff’s due diligence, the injured person may be given two years after the date of discovery in certain circumstances.
Product Liability
If a personal injury was caused by a defective product, Wyoming allows four years from the date of injury or discovery to file a product liability claim against the manufacturer, distributor, or seller.
Workers’ Compensation
A workers’ compensation claim must be filed within one year from the date of injury or diagnosis, or within three years after the date of the last exposure to hazardous conditions. For example, if an employee is exposed to asbestos in their line of work and it causes an illness, the employee has three years from the last date of exposure to file their claim.
Wrongful Death
In cases of wrongful death, the statute of limitations is generally two years from the date of the deceased person’s passing.
Exceptions and Tolling Factors
While the above statutes represent the general rule, there are exceptions and tolling factors that may affect the statute of limitations in specific situations:
Minors
If the injured party is a minor at the time of the injury, the statute of limitations may be tolled until they reach the age of majority. In Wyoming, the statute of limitations for minors is generally extended until three years after they turn 18, allowing them to file a claim as an adult.
Mental Incapacity
If the injured party is deemed mentally incapacitated at the time of the injury, the statute of limitations may be paused until they regain legal capacity.
Out-of-State Plaintiffs
If the injured party is not a Wyoming resident at the time of the injury, they may have a shorter time to file a claim due to a different state’s statute of limitations applying to their case. It is crucial to seek legal counsel to understand the specific rules that may apply.
Government Entities
When the defendant is a government entity or employee, special rules apply. In general, a claim against a government entity must be filed within two years of the date of the injury.
A cause of action may be instituted after this two-year time period if the injury was not reasonably discoverable within two years, or if it went undiscovered despite the claimant’s due diligence. In this case, the statute of limitations is two years from the discovery of the injury.
How Can a Wyoming Personal Injury Lawyer Help Me?
Every personal injury case is different, and no article can accurately describe the circumstances for all cases. Depending on the type of case, the person responsible, the amount of evidence available, and the severity of your injuries, your claim could take months or years to settle.
It’s important to speak with a personal injury attorney so you can fully understand how much time you have to file your claim. Your attorney can help make sure you don’t miss deadlines. Missing the filing deadline can result in the loss of your legal right to pursue a claim.
If you or a loved one have been injured due to someone else’s negligence, an Advocate can help. We have been helping accident victims for more than three decades and are ready to get you on the road to recovery.
Contact The Advocates personal injury law firm for a free consultation today. You deserve an experienced team dedicated to you, your family, and your case. You deserve an Advocate.