Wyoming Personal Injury Statute of Limitations
If you are seriously injured in an accident in Wyoming, legal deadlines are the last thing you should have to worry about. However, it’s important to act quickly after an accident to ensure you don’t miss the personal injury statute of limitations. Here’s what you need to know about this statute and how our lawyers can help you meet it.
What Is A Statute Of Limitations?
The statute of limitations is a law that places a time limit on how long you have to take legal action after suffering a personal injury. This time limit depends on the circumstances of your personal injury claim and only affects your ability to file a lawsuit or claim.
Why Does The Wyoming Statute Of Limitations Matter In Your Personal Injury Case?
Most personal injury cases don’t end up in a courtroom. Typically, injured parties receive a settlement from the insurance company. According to the U.S. Department of Justice, only about 3% to 5% of cases go to trial.
Because of this, you may believe the statute of limitations won’t affect your personal injury case. However, that isn’t necessarily true. Even if you don’t intend to pursue legal action, the specter of that time limit still hangs heavily over your claim.
Often, the only safeguard that prevents an insurance company from unfairly denying your claim is the threat of a lawsuit. If the time limit to file a lawsuit runs out, the insurance company can deny your claim in bad faith, and you have no recourse to stop that action.
Once the deadline has passed, if you try to file a lawsuit, Wyoming courts may be required by law to dismiss your claim.
Specific Deadlines For Different Types Of Personal Injury Claims
For most types of personal injuries, you have four years from the date you suffered the injury to file a lawsuit against the responsible party. This includes physical injuries due to negligence, losses from fraud, and injuries resulting from defective products.
For other types of personal injuries, the deadlines are as follows:
- Libel or slander: One year
- Medical malpractice: Two years
- Wrongful death: Two years from the date your loved one died
- Foreign claims: Five years
The shorter statute of limitations can be particularly challenging in medical malpractice claims because the burden of proof is higher. You will often have to get the assistance of a medical professional who can show that the defendant failed to adhere to the expected standard of care.
This means that if you suspect medical malpractice, you should contact an experienced attorney from our team as soon as possible.
Exceptions To The Statute Of Limitations
Thankfully, the Wyoming statute of limitations includes exceptions that can extend the time limit in extenuating circumstances. This can help when something beyond your control prevents you from filing a lawsuit before the deadline expires.
The first exception is for injuries that are not immediately apparent. Specifically, if you do not immediately realize you’re hurt, the time limit to act doesn’t start until you either discover an injury or should have reasonably discovered it. This can be particularly important in medical malpractice cases.
Another exception involves the defendant. If they leave the state or go into hiding, preventing you from serving them with a lawsuit, the time they are inaccessible does not count toward the time limit.
Finally, anyone who is legally disabled and thus can’t handle their legal affairs can receive an exception. The time extends to three years after they are no longer disabled. This most commonly affects minors, as anyone under 18 is considered legally disabled.
How Bachus & Schanker Can Help You Navigate The Wyoming Personal Injury Statute Of Limitations
It’s vital to act quickly after suffering a personal injury to ensure you don’t miss the statute of limitations. Unfortunately, that’s not always easy to do, especially if you are recovering from a serious injury. This is where the skilled attorneys at Bachus & Schanker come in.
Our knowledgeable team can take the lead in your injury case from the moment you contact us and support you at every step. We are familiar with the key time limits in the state and know how to pursue a legal or insurance claim efficiently. You can focus on recovering from your injuries while we handle the legalities.
Were you seriously injured due to someone else’s negligence in Wyoming? Don’t let time pass you by.
Related Personal Injury Resources
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