HOW LONG DO I HAVE TO SUE SOMEONE FOR PERSONAL INJURY IN WYOMING?
If you’re hurt as a result of someone’s negligence in Wyoming, you have a right to file a lawsuit against that person or corporation to compensate you for the harm that was done. While Wyoming law is relatively generous in how much time you have to file a lawsuit, you won’t have forever. The law simply doesn’t let you wait a lifetime to file your claim.
That law is called the statute of limitations. A statute of limitations limits your time to file a lawsuit. And for every kind of personal injury claim in Wyoming, there is a statute of limitations that will limit the time you have to file a lawsuit in a Wyoming court. Those rules are all contained in Wyoming’s laws governing civil lawsuits.
Personal Injury Claims in Wyoming
Wyoming’s statute of limitations for a personal injury claim is four years from the date of the injury. That means you must file your personal injury lawsuit within four years from the date upon which you were injured in a construction accident or a fall at someone’s business or any other scenario in which you might be injured. That doesn’t mean that your case has to be completed within four years, only that you file in a Wyoming court within four years from the date of your injury.
Unlike many other states that impose a different time limitation for car crashes and accidents, Wyoming does not. That means that the same four-year statute of limitations for personal injury claims in Wyoming applies to car accidents and crashes as well. That means you have four years from the date of your car accident or crash to file a lawsuit against the person or corporation responsible for your injuries. The four-year time limit applies to all manner of crashes and accidents, regardless of how they may occur, including crashes with commercial trucks, other cars, or any other motorized vehicle.
Wrongful Death Claims
If a loved one is killed as a result of someone’s negligence, or a car crash or other incident leads to the death of a loved one, the statute of limitations that normally applies to Wyoming personal injury claims is cut in half. In the event that someone’s death results from the incident, the statute of limitations changes from four years to two years for a Wyoming wrongful death claim to be filed in a Wyoming court.
Medical Malpractice Claims
If your personal injury is the result of negligence on behalf of a doctor, nurse, or other medical professional, the four-year statute of limitations will not apply to your case. In the event that you are the victim of medical malpractice, your statute of limitations will be shortened to two years, not the four-year statute of limitations that applies to other Wyoming personal injury claims. The two-year limitation will normally begin to run on the date of the surgery or other incident that caused your injury. However, the Wyoming medical malpractice statute of limitations may be extended if you were unable to determine that you were injured at the time of the surgery or procedure that caused your injuries. In that case, your two years will begin to run on the date you actually learned of your injury.
WHAT HAPPENS IF I DON’T SUE BY THE END OF THE WYOMING STATUTE OF LIMITATIONS?
If you don’t file a lawsuit before the end of the applicable statute of limitations, you will likely lose your ability to sue the person or corporation responsible for your injuries. The law is strict. Exceptions to Wyoming statutes of limitations are very rare.
An exception to the statute of limitations may be applicable if you were under the age of 18 when you were injured.
Because Wyoming statutes of limitations for personal injury claims are strict, it is important that, at a minimum, you talk with an experienced Wyoming personal injury lawyer about your options. Olson Law Firm provides free consultations to those injured as a result of someone else’s negligence. During that consultation, we’ll be happy to explain when your statute of limitations on your Wyoming personal injury claim will run and what steps will need to be taken in order to file your claim. There’s no obligation after having that conversation. We’ll simply be happy knowing that you know your rights.
Sean Olson is much more than just a personal injury lawyer. Sean is an advocate who helps those who are injured navigate our complex legal system. And he is a voice for those who are injured and cannot speak for themselves.