Wyoming’s Statute of Limitations
When you suffer an injury in an accident and decide to pursue a claim, you must respect the personal injury statute of limitations. These are deadlines by which you must file the claim.
At Bachus & Schanker, our team of personal injury lawyers in Wyoming can assist you in understanding the deadlines that apply to your case.
What Is the Statute of Limitations for Personal Injury in Wyoming?
The general Wyoming statute of limitations is four years from the date of the accident or injury. In some instances, it can start on the day you discovered that you suffered harm.
How Long Do You Have To File a Personal Injury Lawsuit in Wyoming?
The statute of limitations on personal injury claims that deal with car, truck, and motorcycle accidents is typically four years, though it’s always essential to consult with a car accident lawyer.
Slip-and-fall incidents, dog bites, and other premises liability claims, as well as product liability claims, also have a four-year deadline.
However, medical malpractice claims only have a two-year statute of limitations. In wrongful death claims, you would also only have two years from the date of the person’s death, but you should hire a wrongful death lawyer quickly to avoid issues.
Intentional torts have a one-year statute of limitations, and claims involving government entities require you to file a formal notice within two years and then begin the claim within a year of that.
When Does the Statute of Limitations Clock Start in Wyoming?
The statute of limitations clock starts on the day the incident occurs or when you discover you were hurt. When dealing with a wrongful death, the clock starts running from the moment the person dies.
Does Filing an Insurance Claim Stop the Statute of Limitations?
Filing an insurance claim does not stop the clock on the statute of limitations. The clock continues as you negotiate and even after you receive a settlement offer. Only a lawsuit stops it.
Does a Settlement or Settlement Negotiation Extend the Deadline?
Neither settlement negotiations nor partial settlement payments extends the deadline. If the statute of limitations passes, you lose your chance to recover losses, even if you’re in the middle of settlement negotiations.
You can toll the deadline by filing a lawsuit. Another option is for both parties to sign a tolling agreement in which the defendant states that they agree to extend the deadline while negotiations take place.
What Are the Exceptions to Wyoming’s Personal Injury Statute of Limitations?
Minors are an exception. The clock will start running on the day they turn 18. The clock for people with mental disabilities starts when they are no longer incapacitated.
If the defendant leaves the state or conceals themselves, the deadline is tolled until they’re found or return to the state. The same can occur if the plaintiff is on active military duty.
What Is the Statute of Limitations for Medical Malpractice in Wyoming?
The medical malpractice statute of limitations is two years from the date of the injury or from when you noticed you were hurt.
What Is the Statute of Limitations for Wrongful Death in Wyoming?
For wrongful death claims, you only have two years from the date of the death to file. That is the case even if there was an underlying injury that led to the person’s passing. Only a court-appointed wrongful death representative is allowed to begin this procedure.
What Is the Deadline for Suing the Government in Wyoming?
If you’re filing a claim against a government entity or employee, you will need to file a written notice of intent within two years of the injury or its discovery. After that, you will only have one year from the date you filed the notice.
Are There Different Deadlines for Different Types of Personal Injury Claims?
| Claim Type | General Deadline | Important Considerations |
| Personal injury | Four years | From date of injury or discovery |
| Medical malpractice | Two years | From date of injury or discovery |
| Wrongful death | Two years | From the date of the person’s death |
| Intentional tort | One year | From the date of injury or discovery |
| Government claims | Two years to file a written notice, one year to begin a claim | You must file a written notice of intent to file |
What Happens if the Wyoming Statute of Limitations Expires?
If the statute of limitations expires and no exceptions apply to your case, you will not be able to recover any compensation. The severity of the injuries doesn’t matter.
Can You Still File a Personal Injury Claim After the Deadline?
If the deadline truly expired, the claim will be dismissed by the court.
How Can You Calculate Your Personal Injury Deadline in Wyoming?
In general, you must add the pertinent years to the date you suffered an injury or discovered you were hurt.
What Should You Do if Your Wyoming Personal Injury Deadline Is Approaching?
Get a clear deadline by identifying the type of claim you are filing, and begin gathering all of the evidence you need. If you are not sure about your options, contacting an attorney is always vital.
How Can Bachus & Schanker Help With a Wyoming Personal Injury Claim?
At Bachus & Schanker, we can:
- Assess your claim.
- Investigate the incident.
- Gather evidence.
- Calculate your damages.
- Negotiate with insurance companies.
- File a lawsuit.
With our team on your side, you can obtain the assistance you deserve.
Why Choose Bachus & Schanker for a Wyoming Personal Injury Case?
The team at Bachus & Schanker is dedicated to assisting people who have suffered in accidents caused by others. We provide the ongoing legal support you need.
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