Wyoming Personal Injury Statute of Limitations
The statute of limitations for personal injury & accidents in Wyoming is four (4) years (Ref: Wyo. Stat. § 1-3-105).
What this means is that you (or your attorney) must file a lawsuit against a defendant within four years of the date of your accident. If you do not file a lawsuit within four years, generally you forfeit any potential claim against the defendant as a matter of law - meaning there will be no opportunity for a settlement, arbitration, or trial.
Disclaimer: Although the information presented on this page is generally true there are some exceptions to this information, and the Wyoming Statute of Limitations (and the exceptions) may change over time. If you or a family member was involved in an accident and considering seeking compensation for your injuries it is crucial that you speak to a Wyoming personal injury lawyer to discuss your claim and potential recovery.
Variations on Time Limits for Filing a Lawsuit in Wyoming
There are some variations & exceptions to the 4 years statute of limitations on personal injury cases in Wyoming. Because of this, it is critical you discuss your matter with a lawyer who is highly experienced in personal injury law.
- Injury Claims Against the Government in Wyoming: There are special procedures that apply to personal injury claims against the government. For example, if you are involved in an auto accident with a government employee who was on the job, you will need to file a notice of claim with the government. That formal, written notice needs to be filed within two years of the date of injury, under Wyoming law.
Filing a notice of claim differs from filing a lawsuit. A notice of claim is served on the government entity involved, rather than filed in a court. This simply puts the government on notice that you were hurt, and it starts the administrative process. While this is required before a lawsuit involving the government can be filed, it does not foreclose you from filing an actual complaint in court. You must file your lawsuit within one year of filing your notice of claim or it will be time-barred. In essence, if your claim involves the government, the statute of limitations is effectively shortened to three years rather than the usual four. - Wyoming Rules on Shared Fault in Injury Cases: You may be wondering what will happen if a jury ultimately decides that you bear some of the blame for your accident. If you are less than 50% (equally) responsible for the accident, you can still recover compensation from other at-fault parties, but the amount of your award will simply be reduced by the level of fault you share. This is Wyoming's shared fault rule (known as the "modified comparative negligence rule" in legalese).
- Owner Liability For Injury by a Dog or Other Animal: There is no specific statute in Wyoming governing personal injury liability for dog bites. Owners will be held liable for injuries caused by their dog (or other animals) if the injured party can show that the owner “should have known” the animal was dangerous. This is known as the “one bite” rule.
- No Limits on Injury Damages in Wyoming: Wyoming does not impose "caps" or limits on a plaintiff's ability to recover damages. You can seek compensatory damages -- which include the value of your medical expenses and lost income. It also includes your non-economic damages, such as pain and suffering, often a significant component of an injury award.
What if You Miss the Deadline to File a Lawsuit?
If you miss the deadline to file a lawsuit and the Wyoming statute of limitations passes (barring any exceptions), the opposing party will almost surely move for case dismissal and it will likely be granted. This also means that nearly any hope of a settlement will also be forfeited because there is no leverage to potentially pursue a trial (since it would immediately be dismissed).
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