Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Understand Damage Categories
Wyoming law allows recovery for both economic and non-economic damages following a car accident. Economic damages cover objective costs such as medical bills and lost wages. Non-economic damages compensate for pain, suffering, and loss of quality of life.
2. Calculate Economic Damages
- Medical Expenses: Total all treatment costs, including emergency care, physical therapy, diagnostics, chiropractic visits and future treatment projections.
- Lost Income: Document days missed from work and any diminished earning capacity.
- Out-of-Pocket Costs: Account for transportation to medical appointments, prescription co-pays and assistive devices.
3. Estimate Non-Economic Damages with the Multiplier Method
Soft tissue injuries (e.g., whiplash, sprains) rarely result in permanent disability, so you generally use a multiplier between 1.5 and 3:
- Mild (multiplier 1.5): Minor symptoms with quick recovery.
- Moderate (multiplier 2.5): Weeks of therapy, some daily impact.
- Severe (multiplier 3): Months of treatment, lingering limitations.
Formula: (Total Economic Damages) × (Chosen Multiplier) = Estimated Non-Economic Value.
4. Factor in Comparative Negligence
Wyoming follows pure comparative negligence. Your settlement reduces by your percentage of fault. For example, if you’re 20% at fault, multiply your total damages by 0.80. See W.S. 1-1-109: Wyoming Stat. §1-1-109.
5. Account for Insurance Policy Limits
Review the at-fault driver’s liability limits. If your calculated value exceeds their coverage, you may explore your own underinsured motorist benefits or other avenues.
6. Prepare a Demand Package
Compile medical records, billing statements, pay stubs, a pain journal and a cover letter outlining your damages and legal theory. Present your total figure and be prepared to negotiate.
7. Consider Statute of Limitations
Wyoming gives four years from the accident date to file a personal injury lawsuit. Missing this deadline may bar your claim. See W.S. 1-3-105: Wyoming Stat. §1-3-105.
Helpful Hints
- Keep a detailed symptom and expense log from day one.
- Obtain medical expert opinions on prognosis and cost estimates.
- Know both parties’ insurance limits before negotiating.
- Start negotiations with a well-documented demand letter.
- Consult a local attorney if fault or valuation disputes arise.