Wyoming Personal Injury Lawyer
You shouldn’t have to suffer physical and emotional injury because of someone else’s actions. If you have experienced a personal injury and you believe it is the fault of another party, the Kent Spence Law Firm, located in Jackson, WY, but representing clients nationwide, can help you get the compensation you need to get your life back on track.
Personal Injury Claims in Wyoming and Nationwide
A personal injury is a physical harm inflicted on a person’s body as a result of someone else’s negligence, intentional misconduct, or on the basis of strict liability. Personal injury is a broad legal term that includes everything from slip and fall claims to medical malpractice. People suffering from a personal injury must overcome physical, emotional, and financial hardship. Fortunately, our legal system allows injured parties to collect damages to help victims during this difficult time.
Types of Personal Injury Claims
Negligence Liability Suits
The most common basis for a personal injury claim is negligence. In these cases, a person or entity failed to follow reasonable safety procedures or to take fundamental precautions, and as a result, an innocent party was hurt. For instance, all drivers in Wyoming must exercise reasonable care when they get behind the wheel. When they breach that duty and get into a crash that’s their fault, any innocent parties that were injured are entitled to compensation. Other types of negligence-based personal injury claims include, but are not limited to, medical malpractice, slip-and-fall claims, and workplace accidents.
Intentional Misconduct Torts
The second basis for a personal injury claim is intentional misconduct. These cases involve a perpetrator’s deliberate intention to cause harm. In other words, they knew of their wrongdoing and the high probability of injury, but still actively pursued their course of action. For example, if a loss-prevention officer in a retail establishment wrongfully detained you for shoplifting, knowing that you were innocent, you could potentially win a suit for false imprisonment. The mental state of the defendant is essential since it establishes the deliberate intent to cause injury.
Strict Liability Claims
The final basis is strict liability, which holds designers and manufacturers strictly liable for injuries caused by their defective products. In these situations, a victim must prove that the product sold was unreasonably dangerous to be used as intended. Product liability claims usually fall into one of three categories:
- Manufacturer’s Defects – An individual product or a batch of products has a defect that should have been detected by the manufacturer and that failure to detect caused the injury.
- Design Defects – The design of the product is flawed and the manufacturer marketed it anyway. The design flaw must be materially responsible for the injury.
- Failure to Warn – The manufacturer failed to include proper labels or warnings about the potential dangers or misuse of the produce.
Personal Injury Laws in Wyoming
The first step in getting the compensation you deserve is understanding the personal injury laws in your state. Claims in Wyoming are subject to comparative fault laws, the statute of limitations, and damage caps. Personal injury suits in other states may follow similar guidelines or may pursue other legal theories.
Shared Fault Law
Wyoming follows the shared fault rule when determining fault in personal injury claims. Under this law, you can collect damages for your injury if you are less than 50 percent responsible for the accident. Moreover, the amount of compensation you receive will be reduced depending on your percentage of blame for the accident.
For instance, imagine that someone was driving on the highway and another driver rear-ended them as they switched lanes. The accident left them with whiplash, so they filed a personal injury claim against the other driver’s insurance company. The judge determined that total compensation added up to $10,000. However, it was decided that the plaintiff was 40% responsible for their injury since they failed to use their turning signals when switching lanes. Therefore, they could only collect $6,000 in damages.
Statute of Limitations
In Wyoming, victims must file a personal injury claim within four years from the date of the injury. However, the statute of limitations for claims filed against the government is reduced to two years. Failure to meet the deadline will likely waive your right to any legal relief and compensation. Don’t wait! Call the Kent Spence Law Firm today and get started on your case.
Wyoming’s state constitution explicitly prohibits caps on damages collected in personal injury claims. You are free to seek monetary compensation for economic damages—including medical bills and lost income—as well as non-economic damages for your pain and suffering without limit.
Oftentimes, the plaintiff and defendant in a personal injury lawsuit are in the same state. There are situations, however, where an injured party needs to pursue damages against a manufacturer or other person in another state. The Kent Spence Law Firm handles cases in Wyoming and other states.
The Kent Spence Law Firm Serves Clients in Wyoming
Accidents happen. However, that does not mean that you should suffer in silence. Filing a personal injury claim can get you the financial relief you need to pay off medical bills, recover lost wages, and get back on your feet. With so much at stake, it is essential that you get legal representation when filing a personal injury claim.
At the Kent Spence Law Firm, we are empathetic to your situation and want to help. With over 30 years of experience, attorney Kent Spence has the knowledge and tenacity to get you the financial relief you deserve. Put your trust in an attorney you can trust and call our office in Jackson, Wyoming today to schedule a free consultation.
Personal Injury Practice Areas:
- Car Accidents
- Trucking Accidents
- Dog Bites
- Medical Malpractice
- Slip and Fall
- Oil Field Accidents
- Product Liability
- Wrongful Death
- Industrial and Work Accidents
- Motorcycle Accidents
- Explosion Accidents
- Carbon Monoxide Poisoning
- Railroad Accidents
- Aviation Accidents
Other Practice Areas: