If you are hurt or a family member is killed due to someone else’s negligence, you have the right to file a lawsuit against that individual or organization to seek damages. However, the timeframe in which a claim can be filed is not unlimited. The law that standardizes the window in which you can file is called the statute of limitations, and it provides a deadline for a plaintiff to file a lawsuit.
Filing a Personal Injury Claim
In Wyoming, a person filing a personal injury claim has four years from the time that the injury was sustained to file their lawsuit. However, the statute of limitations is not cut and dry, and there are some variations to the law. A statute of limitations does not require that your case be completed within four years, but according to Wyoming law, you must file your case within four years from the time the injury occurred. While four years may seem like an extensive amount of time, do not delay contacting an attorney. The sooner you begin working with experienced representation, the sooner you will be able to file your claim. There are many complexities that can arise as an attorney develops your case including law issues and in-depth investigations that will require time. It is imperative that you connect with an experienced personal injury attorney right away to ensure your case can be filed within the appropriate statute.
Statute of limitations can vary from state to state, so it is important to understand which laws apply to your case and identify the amount of time you will have to file.
The experienced personal injury attorneys at the Fitzgerald Law Firm understand that pursuing justice after a severe injury or loss can be a frustrating and confusing process. It is our goal to help clients achieve a full recovery and compensation.
The Purpose of the Statute of Limitations
Although a lawsuit is typically filed to compensate for unfair treatment of the plaintiff, statutes of limitations exist partially to protect the defendant from unethical prosecution. A mandated amount of time will keep a plaintiff from using a lawsuit as a potential threat for a long period of time.
Secondly, the statute of limitations exists to protect evidence that may erode or disappear over time. For example, eyewitness testimony may become altered or less reliable as memories and detailed recollections fade with time.
Variations to Wyoming Personal Injury Statute of Limitations
There are some variations to the Wyoming personal injury statute of limitations that can drastically change the amount of time you and your lawyer have to file a lawsuit.
- If your case involves a wrongful death action, the statute of limitations is shortened to two years from the time of death of the decedent.
- In medical malpractice cases, the plaintiff has just two years from the time of the surgery or incident that was the cause of the injury to file their claim. If the injury was delayed or was not discovered for a period, the statute of limitations may be extended
- Dependent on the type of case, there may be exceptions to Wyoming’s statute of limitations for individuals with disabilities as well as children under the age of 18.
How We Can Help
When you bring your personal injury case to The Fitzgerald Law Firm, you can rest assured knowing that your case will be handled by experienced, recognized and successful lawyers. Our team of attorneys will listen to your needs, share our perspective, and advise you on the next steps that are ideal for your specific situation. You are welcome to contact us today for a free case evaluation.