Wyoming’s Comparative Negligence Laws

When it comes to motor vehicle accidents, Wyoming handles these cases according to a modified comparative negligence rule. Under Wyoming Statutes section 1-1-109, an injured plaintiff can recover damages for their injuries based on their share of negligence for the accident. In other words, the amount in damages that the plaintiff can recover will be the total damage award reduced by the percentage of fault they are found to be responsible for. If the plaintiff is found to be more than 50% at fault for the accident, they cannot receive any compensation through the lawsuit.

This comparative negligence rule applies both in court and in car insurance settlements when the claims adjuster evaluates the injured party’s case. This means, more often than not, the car insurance claims adjuster might try to pin as much liability on you as possible for the accident so as to reduce the amount they will have to pay out in damages. Whether the damage claim proceeds in court or stays in the negotiation room, it is advisable to have an attorney present to advocate aggressively for a favorable settlement and ensure the insurance company is not taking advantage of the plaintiff.

Recovering Damages

In a successful accident claim, the injured party can typically recover compensatory damages in the following two categories:

• Economic damages: Monetary out-of-pocket expenses like lost wages, vehicle repair costs, medical/hospital bills
• Non-economic damages: Non-monetary damages like pain and suffering, disability, emotional distress

Wyoming does not implement damage limits, or caps, on the amount of damages an injured plaintiff is allowed to recover. The only “limitation” to the damage award is the percentage of fault the plaintiff is responsible for based on the state’s comparative negligence rule. 

Statute of Limitations for Motor Vehicle Accidents

There are limitations on when a motor vehicle accident case must be filed. A “statute of limitations” sets the time limit a plaintiff has to bring forward a lawsuit. Lawsuits for injuries to a person (e.g., injuries incurred by a driver, pedestrian, cyclist) or lawsuits for damage to property in a motor vehicle accident generally, but not always, must be filed within four years of the date of the accident. 

If the accident resulted in wrongful death, the statute of limitations is typically, but not always, two years from the date of the victim’s death. Statutes of limitations are affected by a number of factors, such as the type of claim, the parties, and the age of the plaintiff.  Discuss your case with our attorneys to determine the applicable statute of limitations in your case. 

The court will be unlikely to hear a case if the statute of limitations for it has already passed, so it is imperative to take legal action as soon as possible following an accident.

If you or a loved one has been injured in a motor vehicle accident, reach out to an experienced attorney immediately for legal guidance. The sooner you enlist professional legal help, the sooner we can help you claim damages for costs like hefty medical bills, vehicle repair or replacement, and emotional distress. Our attorneys at The Law Offices of Hampton & Newman, L.C. are aggressive trial lawyers who will put up a tough fight for you in court. Let us handle the legal side while you focus on your recovery.

Schedule an initial consultation with our trial lawyers at The Law Offices of Hampton & Newman, L.C. to get started. Call (307) 226-2266 today!