Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Wyoming for advice tailored to your situation.
Detailed Answer
When a car accident worsens a pre-existing injury, you can seek compensation for the aggravation even if the underlying condition existed before the crash. Wyoming follows the “eggshell plaintiff” rule: a defendant must take the victim as they find them and is liable for the full extent of harm caused, including exacerbation of pre-existing injuries.
1. Establish Your Baseline Condition
Before pursuing a claim, gather documentation showing your injury status prior to the accident:
- Obtain pre-accident medical records, imaging reports, treatment notes and billing statements.
- Gather prior diagnostic scans or doctor’s summaries that detail the nature and severity of your existing condition.
2. Document Post-Accident Aggravation
Immediately after the crash, seek medical treatment and make sure your provider notes any increase in pain, decreased mobility or new symptoms. Key steps:
- Tell every treating professional about your pre-existing injury and new symptoms.
- Keep all medical records, imaging, prescription records and therapy notes.
- Maintain a daily pain and symptom journal, noting flare-ups, medication use and limitations.
3. Track Economic and Non-Economic Losses
Compile evidence of all accident-related expenses and losses:
- Out-of-pocket costs: co-pays, prescription costs, therapy fees, mileage to and from appointments.
- Lost income: pay stubs, employer statements and a summary of missed workdays.
- Non-economic impacts: diminished quality of life, emotional distress and reduced activities.
4. Understand Wyoming’s Comparative Negligence Statute
Wyoming reduces recoverable damages by the plaintiff’s percentage of fault. See Wyo. Stat. Ann. § 1-19-112 (compare fault). Even if you share fault, you can still recover the portion attributable to the other driver.
5. Mind the Statute of Limitations
In Wyoming, you generally have four years from the date of the accident to file a personal injury lawsuit. See Wyo. Stat. Ann. § 1-3-105 (limitations). Missing this deadline usually bars your claim.
6. Negotiate or File Suit
With documentation in hand, present your demand package to the at-fault driver’s insurer. Include a clear narrative, medical records, bills and a computation of damages. If negotiations stall, you can file a complaint in district court. At that point, consider retaining an attorney experienced in Wyoming personal injury law to guide you through discovery, motions and trial.
Helpful Hints
- Start gathering pre-accident medical records immediately to avoid delays.
- Keep a daily pain journal with dates, times and activity notes.
- Organize all medical bills and receipts in one file or digital folder.
- Confirm that each provider’s notes explicitly connect new symptoms to the accident.
- Review deadlines early—file any lawsuit within four years under Wyo. Stat. Ann. § 1-3-105.