Understanding Wyoming’s Personal Injury Statute of Limitations
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Wyoming law, you must file a personal injury lawsuit within two years of the date you suffer injury in an accident. See Wyo. Stat. Ann. 4-3-105. If you file after this deadline, the court will likely dismiss your case.
When Does the Clock Start?
The statute of limitations begins to run on the date the injury occurs or the date you reasonably discover the injury. For most vehicle or slip-and-fall accidents, this is the accident date itself.
Exceptions and Tolling
- Minor plaintiffs: If you are under 18 when the injury occurs, the two-year deadline begins on your 18th birthday.
- Fraudulent concealment: If the defendant intentionally hides facts that give rise to your claim, the deadline may extend until you discover or should have discovered those facts.
- Incapacitated plaintiffs: If you are legally incapacitated due to mental incompetence, the clock may pause until you regain capacity.
Key Steps to Protect Your Claim
To protect your right to sue, take these steps promptly:
- Document the accident and collect evidence (photos, witness statements).
- Report the injury to your insurance company and employer if applicable.
- Seek medical attention and maintain treatment records.
- Consult an attorney well before the two-year deadline.
Helpful Hints
- Mark the deadline on your calendar immediately after an accident.
- Gather contact information for witnesses at the scene.
- Keep detailed medical and repair records to support your claim.
- Ask your doctor to note when you first report pain or symptoms.
- Consider alternative dispute resolution, like mediation, to resolve your claim faster.