If the negligence of a government worker or entity has harmed you or a loved one, you may be wondering if it’s possible to sue the government for wrongful death or personal injury. Wyoming state laws limit the liability of local and state governments in the case of injury or wrongful death, which significantly impacts your ability to file claims against the government, its employees, or its contractors. However, some exceptions to this immunity do apply.

The Fitzgerald Law Firm has been helping clients achieve justice for more than forty years across a variety of practice areas, including auto accidents, truck accidents, workplace accidents, and medical malpractice. Our firm holds the record for the largest personal injury and wrongful death verdicts ever upheld on appeal in Wyoming. You can rely on our team of personal injury attorneys to guide you through the filing process of a governmental claim.

What is the Wyoming Governmental Claims Act?

Personal injury claims filed against the governments in Wyoming are subject to the provisions of the Wyoming Governmental Claims Act (WGCA). This statute states that “[a] governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort.” The law provides some exceptions to this immunity.

This means that, under some circumstances, you may be able to bring a claim against a governmental entity or employee.

Filing Procedures

Claims filed against a government entity or government worker in Wyoming are subject to strict rules and specific limitations. Before filing a lawsuit, a notice of governmental claim must first be filed within two years of the date of injury. According to Wyoming law, this claim must state:

  • The time, place, and circumstances of the alleged loss or injury including the name of the public employee involved, if known;
  • The name, address, and residence of the claimant and his representative or attorney, if any; and
  • The amount of compensation or other relief demanded.

There are many traps for the unwary in making a governmental claim. We recommend that you consult with a lawyer promptly after an injury or death involving a government/

Federal Tort Claims Act

While it may prove challenging to file suit against governments in Wyoming, you may be eligible to file a claim against the federal government. The Federal Tort Claims Act holds the federal government and its employees liable for negligence to the same degree as any individual citizen would be under similar circumstances. In this case, it is the United States government rather than the individual employee who assumes the liability. Again, there a time limits to file. To be considered valid under the Federal Tort Claims Act, claims must timely provide sufficient documentation demonstrating:

  • The claimant (or decedent) was injured or the claimant’s property was damaged by a federal employee;
  • The federal employee was acting within his or her scope of employment;
  • The federal employee acted negligently or wrongfully;
  • And, the negligent or wrongful act caused the injury or damage.

Hiring a Top Wyoming Personal Attorney

Facing a serious injury or the death of a loved one is devastating. It is crucial to hire an attorney who understands the complexities of personal injury law, especially as it pertains to claims brought against Wyoming governments or the United States.

The attorneys at The Fitzgerald Law Firm possess decades of experience and knowledge to guide you through the thicket and the proven results to help you achieve justice.

Contact our Wyoming personal injury attorney team today to discuss your case.