Wyoming · Updated
Injured in Wyoming: deadlines, rules and lawyers
Most of what to do after an injury is the same everywhere. A few Wyoming rules have dates attached, and some are much shorter than the main one. Here they are in plain words, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Wyoming yet. You can still check how to look up a lawyer’s license.
Know this first
Step 1: Four years to file in court
4 years(2 for medical mistakes; 2 for a death)
In Wyoming, most injury lawsuits must be filed in court within four years1. The law says the clock starts when the claim arises. To be safe, count from the day you were hurt.
Some claims have only one year. These include claims for libel or slander, for assault or battery (not sexual assault), and for false imprisonment1.
Other claims have other periods. The list of Wyoming deadlines below gives the exceptions with the statute text.
The law, as written
Statute of limitations — personal injury4 years
In Wyoming, an action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated, must be brought within four years after the cause of action accrues1.
More detail
Wyoming gives a one-year period to actions for libel or slander, assault or battery (not including sexual assault), and malicious prosecution or false imprisonment1. A civil action for sexual assault against a minor may be brought until the later of eight years after the minor's eighteenth birthday or three years after discovery1.
If a family member died
Step 2: If someone died: two years from the death
A wrongful-death lawsuit in Wyoming “shall be commenced within two (2) years after the death”2. That is half the time most injury claims get. Wrongful death: the basics explains these claims.
In Wyoming, a court first names a person to bring the claim. Once that request is properly filed, the clock is paused. It starts again 30 days after the court’s order naming the person3.
The state’s top court has treated the two years as a condition of the claim itself. To be safe, count from the day of the death.
The law, as written
If a public body was involved
Step 3: Claims against the state or a city: a sworn claim within two years
If a public body caused your injury, a written claim comes before any lawsuit. You must give it a written, itemized claim within two years of what happened. If you don’t, the lawsuit can’t go ahead4. If you could not have found out about the harm sooner, you may have two years from when you found out4.
- What the claim saysWhen, where and how you were hurt, and the name of the public worker involved if you know it. Your name and address, and your lawyer’s if you have one. And the amount of money you are asking for4.
- Where it goesA claim against the State goes to the general services division of the Department of Administration and Information. A claim against any other public body goes to that body’s business office4.
Find out early
If a road, a city vehicle, a school, a public hospital or any public body was part of what happened, ask a lawyer about the claim right away. The claim has strict rules about what it says and how it is signed.
The law, as written
Claims against government — notice of claim2 years to present claim
Under the Wyoming Governmental Claims Act, no action may be brought against a governmental entity unless the claim is presented to the entity as an itemized statement in writing within two years of the date of the alleged act, error or omission, or within two years after discovery if it was not reasonably discoverable or was not discovered despite due diligence4.
More detail
In Wyoming, the claim must state the time, place and circumstances of the loss or injury (including the public employee's name, if known), the claimant's name, address and residence and those of any representative, and the amount of compensation or other relief demanded4.
In Wyoming, claims against the state are presented to the general services division of the Department of Administration and Information; claims against other governmental entities are filed at that entity's business office4.
Claims against government — suit deadline1 year after claim filed
Under the Wyoming Governmental Claims Act, an action against a governmental entity or public employee is forever barred unless commenced within one year after the date the claim is filed under § 1-39-1135. For a minor seven or younger, the period is two years after the occurrence or until the eighth birthday, whichever is greater5.
More detail
In Wyoming, where there is no applicable insurance coverage and the claim was properly filed, § 1-39-114 tolls the period for 45 days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limit5.
Good to know
Step 4: If you were partly at fault
In Wyoming, your own fault does not stop your claim if it is “not more than fifty percent (50%) of the total fault of all actors”. If you can recover, your damages (the money for your harm) are cut by your share6.
- Total damages
- $100,000
- Your share of the fault: 20%
- You recover $80,000
- Your share of the fault: 50%
- You recover $50,000
- Your share of the fault: 51%
- You recover nothing
These numbers only show how the percentages work. They are not typical amounts. You can recover only if your share is not more than 50%6.
If more than one person is at fault, each one pays only their own share of the damages6. So if one of them can’t pay, the others don’t cover their part.
This is one reason not to guess about fault, or agree to a version of events, when an insurance company asks. Talking to the other driver’s insurance company has more on those calls.
The law, as written
If you were hurt in a car crash, or hit while walking
Step 5: Car crashes: the other driver’s insurance, and your own
After a crash in Wyoming, a claim for your injuries is usually made against the driver at fault. Their liability insurance covers harm the law holds that driver responsible for7. Your own share of the fault still counts, as the section above explains.
- The minimum the law requiresA car owner must have liability insurance, or a bond, before the car is driven8. The minimum is $25,000 for one person hurt and $50,000 for everyone hurt in one crash. For damage to property it is $20,0007.
- Uninsured cover, unless you said noA Wyoming car policy must include uninsured motorist cover at those same minimums. It helps when the driver at fault has no insurance. The person named on the policy may turn it down9. It also helps when the other driver’s insurance company has gone broke and can’t pay10.
- Check your renewalIf you turned it down before, the same company doesn’t have to add it back when the policy renews. Ask for it in writing if you want it9.
- At the sceneIf anyone is hurt, each driver must stop and stay at the scene11. Drivers must give their name, address and plate number, and show their driver’s license if asked. They must also help anyone hurt get to a doctor or hospital if needed12.
- Tell the policeTell the police at once if anyone is hurt, or if a car is too damaged to drive safely. Call city police, the highway patrol or the county sheriff13.
See a doctor soon
Get checked after a crash even if you feel fine. It protects your health, and it creates a record. What to do after a car accident covers the first days step by step.
If a doctor, hospital or clinic was involved
Step 6: Medical malpractice: two years
A lawsuit about a medical mistake must start within two years of the mistake14. The same rule covers other licensed professionals.
- If you could not have knownYou may have two years from when you found out instead. You must show you could not reasonably have found it sooner, or that you tried and still did not14.
- If you found out in the second yearIf the mistake comes to light during the second year, you get six more months to file14.
Medical claims may have extra steps before or after you file.
These claims take time
A lawyer usually needs your records and a doctor’s review before filing. If you think you have a claim, it helps to start early. How to get your medical records explains how to ask for them.
The law, as written
Statute of limitations — medical malpractice2 years
In Wyoming, an action arising from an act, error or omission in rendering licensed or certified professional or health care services must be brought within two years of the alleged act, error or omission14, or not more than two years after discovery if the claimant shows it was not reasonably discoverable within the two-year period, or that the claimant failed to discover it within that period despite due diligence14. If the act, error or omission is discovered during the second year, the period is extended by six months14.
If they are a minor
Step 7: If the injured person is a child
For most claims, a child has until three years after becoming an adult. The same rule covers some other legal disabilities.
The law says that rule does not cover medical claims15. The medical law sets its own time for a child: by the eighth birthday or two years from the mistake, whichever is later14. Which time limit now applies is a question for a lawyer.
For a child aged seven or younger suing a public body, the lawsuit has two years after the injury or until the eighth birthday, whichever is later5.
Don’t wait for the child to grow up
Evidence and witnesses fade. A parent or guardian can ask a lawyer about the dates now.
The law, as written
Minors and legal disability3 years after disability ends, or the regular period if longer
In Wyoming, a person who is a minor or under another legal disability when the cause of action accrues may bring the action within three years after the disability is removed or within any other statutory limitations period, whichever is greater; this rule does not apply to actions arising from licensed or certified professional or health care services15.
Next
Step 8: What to do with this
- Write down the datesThe day you were hurt, the day you found out what caused it, and anything a public body, insurance company or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. Find injury law firms in Wyoming, listed A–Z or by distance, never ranked.
- Ask each firmWhich deadline applies to me, does a written claim need to go to a public body, and by when?
How to check a lawyer’s license in Wyoming
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
Case types
Each case type’s page has Wyoming’s deadline and rules for it.
More about deadlines
- What to do after a car accident: learn your deadline
Plain steps after a crash: stay safe, get care, keep a record, talk to insurance companies carefully, and learn your state’s deadline to file.
- After a truck accident: your deadline to file still applies
How a crash with a big commercial truck differs from a car crash: federal safety rules, more than one company involved, larger insurance, and records that are only kept for a while.
- After a motorcycle or bike crash: your deadline to file
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
- Hit by a car while walking: your deadline to file
What to do if a car hit you while you were walking: first steps, the evidence that disappears fastest, whose insurance may pay, how fault gets argued, and your deadlines.
- After a slip and fall: your deadline to file
What to do after you fall on someone else’s property: get care, report it, keep a record, and learn the questions that decide a premises case, including falls on public property and at work.
- Wrongful death basics: the deadline often starts at the death
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
- Hurt at work: your deadlines
What to do after an injury on the job: get care, tell your employer in writing, and learn how workers’ compensation works and when a separate injury claim against someone else may exist.
- After a dog bite: your deadline to file
What to do after a dog bites you or your child: get care, find out who owns the dog, keep a record, and learn how state rules on dog bites differ.
- After a head or brain injury: deadlines keep running while you recover
What to do after a head injury from a crash, a fall or another accident: get checked, keep a record of how you feel, get help from family, and why legal deadlines keep running while you recover.
- When medical care goes wrong: deadlines are often different, and strict
What to do if you think a doctor, hospital or clinic hurt you: get care, get your records, and learn the extra steps and short deadlines that medical-malpractice claims often have, state by state.
- Deadlines in every state
The usual deadline in all 50 states and DC, side by side. Where we haven’t checked one yet, we say so.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Wyo. Stat. Ann. § 1-3-105“(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues: … (iv) Within four (4) years, an action for: (A) Trespass upon real property; (B) The recovery of personal property or for taking, detaining or injuring personal property; (C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; and (D) For relief on the ground of fraud. (v) Within one (1) year, an action for: (A) Libel or slander; (B) Assault or battery not including sexual assault; or (C) Malicious prosecution or false imprisonment; (D) Upon a statute for a penalty or forfeiture, … (b) Notwithstanding subsection (a) of this section, a civil action based upon sexual assault as defined by W.S. 6-2-301(a)(v) against a minor may be brought within the later of: (i) Eight (8) years after the minor's eighteenth birthday; or (ii) Three (3) years after the discovery.”Read the source: Wyo. Stat. Ann. § 1-3-105
- Wyo. Stat. Ann. § 1-38-102“(d) An action for wrongful death shall be commenced within two (2) years after the death of the decedent.”Read the source: Wyo. Stat. Ann. § 1-38-102
- Wyo. Stat. Ann. § 1-38-103“(b) … After an action to appoint the wrongful death representative is filed: … (ii) If an action to appoint the wrongful death representative is properly filed, the limitation period under W.S. 1-38-102(d) and any other applicable limitation periods shall be tolled from the time the action is filed until thirty (30) days after an order appointing the wrongful death representative is entered.”Read the source: Wyo. Stat. Ann. § 1-38-103
- Wyo. Stat. Ann. § 1-39-113“(a) No action shall be brought under this act against a governmental entity unless the claim upon which the action is based is presented to the entity as an itemized statement in writing within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was: (i) Not reasonably discoverable within a two (2) year period; or (ii) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence. (b) The claim shall state: (i) The time, place and circumstances of the alleged loss or injury including the name of the public employee involved, if known; (ii) The name, address and residence of the claimant and his representative or attorney, if any; and (iii) The amount of compensation or other relief demanded. (c) All claims against the state shall be presented to the general services division of the department of administration and information. Claims against any other governmental entity shall be filed at the business office of that entity. … (d) In any action under this act, the complaint shall state: (i) That the claim required under subsection (c) of this section was filed in accordance with this section; (ii) The date the claim under subsection (c) of this section was filed; (iii) That the claim was in compliance with the signature and certification requirements of article 16, section 7 of the Wyoming Constitution. (e) In any claim filed with a governmental entity under this act, the claim shall be signed by the claimant under oath …”Read the source: Wyo. Stat. Ann. § 1-39-113
- Wyo. Stat. Ann. § 1-39-114“Except as otherwise provided, actions against a governmental entity or a public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act shall be forever barred unless commenced within one (1) year after the date the claim is filed pursuant to W.S. 1-39-113. In the case of a minor seven (7) years of age or younger, actions against a governmental entity or public employee acting within the scope of his duties for torts occurring after June 30, 1979 which are subject to this act are forever barred unless commenced within two (2) years after occurrence or until his eighth birthday, whichever period is greater. In no case shall the statute of limitations provided in this section be longer than any other applicable statute of limitations. In the absence of applicable insurance coverage, if the claim was properly filed, the statute shall be tolled forty-five (45) days after a decision by the entity, if the decision was not made and mailed to the claimant within the statutory time limitation otherwise provided herein.”Read the source: Wyo. Stat. Ann. § 1-39-114
- Wyo. Stat. Ann. § 1-1-109“(b) Contributory fault shall not bar a recovery in an action by any claimant or the claimant's legal representative to recover damages for wrongful death or injury to person or property, if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors. Any damages allowed shall be diminished in proportion to the amount of fault attributed to the claimant. … (e) Each defendant is liable only to the extent of that defendant's proportion of the total fault determined under paragraph (c)(i) or (ii) of this section.”Read the source: Wyo. Stat. Ann. § 1-1-109
- Wyo. Stat. Ann. § 31-9-405“(b) An owner's policy of liability insurance shall: … (ii) Insure the person named and, except for persons specifically excluded pursuant to W.S. 26-35-105, any other person, as insured, using any covered motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs with respect to each motor vehicle, as follows: twenty-five thousand dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to the limit for one (1) person, fifty thousand dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident and twenty thousand dollars ($20,000.00) because of injury to or destruction of property of others in any one (1) accident.”Read the source: Wyo. Stat. Ann. § 31-9-405
- Wyo. Stat. Ann. § 31-4-103“(a) No owner of a motor vehicle currently required to be registered or which is required to be registered within a period of time, shall operate or permit the operation of his motor vehicle without having in full force and effect a motor vehicle liability policy in amounts provided by W.S. 31-9-405(b), a bond in amounts provided by W.S. 31-9-102(a)(xi) or, when applicable, in amounts as required by W.S. 31-20-107(b) and (c). …”Read the source: Wyo. Stat. Ann. § 31-4-103
- Wyo. Stat. Ann. § 31-10-101“No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any natural person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death as provided by W.S. 31-9-102(a)(xi), under provisions approved by the insurance commissioner for the protection of persons insured thereunder or legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom. The named insured may reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with the policy previously issued to him by the same insurer.”Read the source: Wyo. Stat. Ann. § 31-10-101
- Wyo. Stat. Ann. § 31-10-102“For the purpose of coverage under W.S. 31-10-101, the term "uninsured motor vehicle", subject to the terms and conditions of the coverage, includes an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency.”Read the source: Wyo. Stat. Ann. § 31-10-102
- Wyo. Stat. Ann. § 31-5-1101“(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of W.S. 31-5-1103. Every stop shall be made without obstructing traffic more than is necessary.”Read the source: Wyo. Stat. Ann. § 31-5-1101
- Wyo. Stat. Ann. § 31-5-1103“The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license to the person injured in the accident or to the driver or occupant of or person attending any vehicle or other property damaged in the accident and to any police officer at the scene of or who is investigating the accident. The driver shall also render to any person injured in the accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that the treatment is necessary or if the carrying is requested by the injured person.”Read the source: Wyo. Stat. Ann. § 31-5-1103
- Wyo. Stat. Ann. § 31-5-1105“(a) The driver of a vehicle involved in an accident shall immediately by the quickest means of communication give notice of the accident to: (i) The local police department if the accident occurs within a municipality; or (ii) To the nearest office of the state highway patrol or to the office of the county sheriff. (b) Subsection (a) of this section shall only apply if the accident results in: (i) Injury to or death of any person; or (ii) Property damage to the extent the vehicle, excluding bicycles or any other vehicle moved solely by human power, is so disabled as to prevent its normal and safe operation.”Read the source: Wyo. Stat. Ann. § 31-5-1105
- Wyo. Stat. Ann. § 1-3-107“(a) A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times: (i) Within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was: (A) Not reasonably discoverable within a two (2) year period; or (B) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence. (ii) For injury to the rights of a minor, by his eighth birthday or within two (2) years of the date of the alleged act, error or omission, whichever period is greater, except that a cause of action may be instituted not more than two (2) years after discovery … ; (iii) For injury to the rights of a plaintiff suffering from a legal disability other than minority, within one (1) year of the removal of the disability; (iv) If under paragraph (i) or (ii) of this subsection, the alleged act, error or omission is discovered during the second year of the two (2) year period from the date of the act, error or omission, the period for commencing a lawsuit shall be extended by six (6) months. (b) This section applies to all persons regardless of minority or other legal disability.”Read the source: Wyo. Stat. Ann. § 1-3-107
- Wyo. Stat. Ann. § 1-3-114“If a person entitled to bring any action except for an action arising from error or omission in the rendering of licensed or certified professional or health care services or for a penalty or forfeiture, is, at the time the cause of action accrues, a minor or subject to any other legal disability, the person may bring the action within three (3) years after the disability is removed or within any other statutory period of limitation, whichever is greater.”Read the source: Wyo. Stat. Ann. § 1-3-114
- Eathorne v. Bd. of Trs. of Mem'l Hosp. of Carbon Cnty., 2001 WY 36 (Wyo. 2001)
- Casey v. Teton Cnty. Hosp. Dist., No. S-22-0030 (Wyo. 2022)
- Kordus v. Montes, 2014 WY 146, 337 P.3d 1138 (Wyo. 2014)
This is general information, not legal advice.