If you’re dealing with a significant injury, you know how many challenges it can create for you. There are financial strains as you pay medical bills, miss work, and face other expenses that pop up related to your ongoing care. An injury can also disrupt your routine, cause you pain, and affect your general quality of life.
If someone else hurt you and caused that injury, Wyoming law could make them responsible for paying monetary damages to you. Depending on the circumstances and extent of your injury, you may be able to file a personal injury lawsuit and sue the other person for the harm and expenses they’ve caused you.
Each state’s rules for a personal injury lawsuit are different, so you’ll need to follow the regulations and policies of the Wyoming court system to build the strongest case you can.
A personal injury lawsuit is one you file to receive compensation from someone who caused you physical harm. Wyoming state courts try most personal injury cases, with a few exceptions that send them to federal court. Personal injury suits go through the civil courts, though some injuries may also apply to criminal cases, which are tried separately in the criminal court.
Different types of injuries and accidents can qualify for a personal injury lawsuit in Wyoming. The most common claims arise under one of the following theories:
When proving a case for an intentional injury, you’ll need to prove that the other party made contact with you, that they made the contact on purpose, and that you were hurt because of the contact. The intent to injure usually isn’t what matters, it’s the intent to touch you in some way that counts. Battery is a common example of intentional harm.
Some accidents can make a person liable for injuries they cause as well. Negligent and reckless harm come from careless actions, even if there was no intent for the negative consequences. Many types of traffic accidents are the result of negligence or recklessness. Speeding, ignoring road signs, and texting behind the wheel are all potential cases for negligent driving if that driver hit someone and hurts them.
Wyoming is a comparative negligence case, which means the court may limit how much money you may be awarded, based on how you contributed to the circumstances of your injury. If you were hit by another driver who ran a red light, but you were speeding at the time of the accident, the court may say your reckless speed contributed to your injuries. If they think you’re 30% responsible, you’ll usually be limited to only 70% of the amount you’re seeking. If you’re found to be more than 50 percent responsible, you’ll typically be prevented from collecting anything.
Sometimes, even when proper care takes place, someone still gets hurt. These kind of cases are usually governed by strict liability rules. If someone participates in an activity that’s particular dangerous and someone else gets hurt, they could still be required to pay compensation, even if the right safety measures were taken.
Each state has a statute of limitations, or a deadline, for when you have to file a personal injury lawsuit. In Wyoming, that statute of limitations is generally four years from the time of the injury. There are some exceptions, however, such as for medical malpractice cases, which usually fall under negligent personal injury. In Wyoming, medical malpractice lawsuits have a two-year statute of limitations.
There are many claims you can seek compensation for in a personal injury lawsuit in Wyoming:
You may even be able to get additional punitive damages in some cases.
In most cases, there’s no limit to how much you can recover, if the court decides the amount is reasonable to your case. There may be some exceptions in specific circumstances, like those that involve government agencies or employees.
While you’re generally allowed to file a personal injury lawsuit on your own, you may have a better chance at collecting the maximum compensation with the help of an experienced attorney. They may be able to see additional charges you missed, and they can help you argue the merits of your case in court or negotiate more effectively.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney to discuss the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.