Wyoming Personal Injury Lawyer
Personal injury is defined as the physical, emotional, or mental injury caused by the negligence or failure to act by a person, entity, or government. If you, a family member, or a friend have been injured as a result of someone else’s negligence, you should immediately consult with an experienced Wyoming personal injury lawyer. A professional personal injury lawyer will examine your situation and determine what claim should be filed in your circumstances. Also, an attorney will make sure that your claim is filed within the appropriate timeframe so that you do not exceed your claims statute of limitations. If you have any questions about any of the topics listed on our website please, contact our office for a free personal injury consultation.
What are Common Causes of Personal Injuries
Most personal injuries arise from accidents, which are never planned. Here are some examples of accident types that our personal injury law firm routinely handles:
- Car accidents
- Truck accidents
- Bus accidents
- Bicycle accidents
- Motorcycle accidents
- Workplace accidents
- Slip and fall
- Nursing home abuse/neglect
- Medical malpractice
- Dangerous and defective products
- Dog bites
What Are the Statutes of Limitations?
The statute of limitations (SOL) is a law that sets the limit on the amount of time you have to file a lawsuit after you have suffered an injury or loss. These time limits will depend on the type of case that you have. In Wyoming, most lawsuits must be filed within four (4) years from the date of your injury, but there are exceptions. For medical malpractice suits, for instance, the statute of limitations for bringing suit is two years. For most cases where the government is the defendant, the SOL is one year. With intentional torts, the statute of limitations is usually also one year. If your lawsuit is not filed in the Wyoming civil court system before the window expires, you could be barred from bringing suit, which would result in your losing the ability to receive compensation.
Personal Injury Claims Against Government in Wyoming
If you are injured due to an accident, an act of negligence, error, or omission caused by the Wyoming government, you must file a notice of claim with the government. A notice of claim is a written notice that must be filed within a two-year period from the date that you are injured. The notice of claim must contain the time, place, and explanation surrounding the circumstances of the alleged loss or injury, including the name of the public employee involved (if known), your name, your address, and your attorney’s information, as well as, the amount of compensation and or whatever relief that is being demanded.
A notice of claim is not a lawsuit, but it must be filed before filing a lawsuit. After you have filed your notice of claim, you have one year from that date to file a lawsuit. Should you fail your lawsuit one year from the date of having filed your notice of claim, you will be time-barred. In Wyoming, the statutes of limitations for pursuing a claim against the government is one (1) year as opposed to the usual four (4) years.
Civil Actions for Deprivation of Rights by a Government Entity
Under 42 U.S Code § 1983, any citizen or person in the jurisdiction of the United States can bring a lawsuit against a government agency when their civil liberties have been violated. In other words, if you’re the subject of civil rights violation by a government or one of its employees, you can bring a civil suit against that body.
What To Do After An Accident
After you have been injured, you should take care of your injuries and seek immediate medical treatment. Once you have taken care of your injuries, you should contact a personal injury lawyer and discuss the options available to you. Never speak to anyone or provide anyone with any type of written or recorded statement before you speak to a lawyer.
Prior to your meeting with the lawyer, you will need to document all your injuries and any damages to your property. It is important that you keep copies of accident reports, take pictures of injuries, property damage, and keep all your receipts and invoices. You should keep a journal of your symptoms, new symptoms, and document your time off of work. If someone witnessed your incident, you should obtain their contact information (name, phone number, address) and obtain a statement on what they observed.
Should an insurance company contact you and attempt to settle your claim before you meet with a lawyer, do not sign anything and do not provide a statement. Make an immediate appointment to speak with an attorney and take all documents pertaining to your injury to the attorney so the attorney can thoroughly evaluate your specific situation.
Shared fault injury cases in Wyoming
Negligence Claim – The person, the company, or the entity who was negligent is liable. Wyoming utilizes comparative negligence to determine who is at fault and to determine whether or not you qualify for recovery/compensation. Assigning fault has two aspects. The injured party only recovers compensation if they are 50% percent or less at fault. If the person who was injured was also negligent, then the person who was negligent first will only be responsible for the percentage of damages that he or she caused.
For example, if you were in car accident because a vehicle pulled out in front of you and you crashed into them because you did not have enough time to stop because you were speeding, the jury may find you 20% percent at fault because of your speed and find the other vehicle 80% percent at fault for violating your right of way. If this was your situation, you would be awarded 80% of your total damages.
However, if the jury decided that your speed was 55% or more at fault for having caused the accident, then you would not be entitled to recover any compensation. In addition to negligence claims in Wyoming, the following claims may also be filed for personal injury:
Wrongful death – If your family member has died as a result of a liable party.
Defamation – When someone speaks or writes negative and disparaging statements which cause injury.
Assault & Battery – This is an intentional tort and the person who deliberately caused your injury is liable.
Strict Liability – A strict liability claim is filed in cases where a person or company are knowingly engaging in dangerous activity. A dog bite case is an example of strict liability, as the person responsible for the dog is liable.
What Are Damages?
When injured as a result of someone else’s negligence, you may receive damages for the reimbursement of medical treatment and loss of income if you had to miss time from work because of your injuries. You may also receive reimbursement for the damage or loss of use of property that occurred as a result of your injury. If you are married, you may qualify to receive loss of consortium damages (loss of services, income, companionship, etc.). You may also be entitled to receive money for emotional distress, and pain and suffering.
What are Catastrophic Injuries?
The American Medical Association defines a catastrophic injury as an injury to the spine, spinal cord, or brain that could also include a skull or spinal fractures. Most accidents that result in catastrophic injuries tend to be unexpected, but they permanently alter the life of the victim and their family. Catastrophic injuries are severe injuries that result in death or leave the victim suffering from a permanent disability for the rest of their life. These types of injuries are some of the toughest injuries to deal with because they have long-term effects on the victims and their families.
Catastrophic injuries can bring about stress because the victims may require long term emotional, physical, and financial support from their family. The victims will require long term medical treatment and may be left with a lifetime of permanent disability that could prevent them from performing gainful work. These types of injuries may also be complicated by psychiatric, behavioral, and social factors. This could cause the disability to be greater than just physical.
Why Should I Speak With a Lawyer?
Due to the financial implications of catastrophic injuries, it is important to consult with an attorney. Victims may be entitled to recover damages for lost wages, loss of enjoyment of life, loss of consortium, future lost wages, permanent disability, medical bills, and future medical expenses An experienced Wyoming personal injury attorney can determine the value of your claim based on your specific circumstances. By filing a personal injury claim and working with the Kent Spence Law Firm, catastrophic injury victims can rest assured that attorney Kent will fight for maximum compensation.
Most Common Catastrophic Injuries
Spinal cord injuries – Victims of spinal cord injuries may have total paralysis or limited movement of their limbs. According to the National Spinal Cord Statistical Center, vehicle crashes are the leading cause of this type of injury.
Traumatic brain injuries – The CDC has defined traumatic brain injury (TBI) as a disruption in the normal function of the brain. TBI’s can be caused by penetrating head injury, and a bump, blow or jolt to the head.
Burn injuries – A burn is an injury to the skin primarily caused by heat, radiation, radioactivity, electricity, friction, debris or contact with chemicals. The American Burn Association states that although 96.7% of burn victims treated in burn centers will survive, many will suffer disfigurement, scarring, lifelong physical disabilities, and life-adjustment difficulties.
Amputation – An amputation is the surgical or traumatic removal of a part of a limb or extremity. A severe injury from a car accident or burn could result in amputation.
How Can a Personal Injury Attorney Help Me?
Injuries are financially and emotionally costly for victims and their families. If you, a family member, or friend has suffered an injury due to the negligence of someone else, then it is important to speak with a Wyoming personal injury attorney to discuss your legal options. You may be entitled to compensation that will ease your financial obligations and help you with your lost wages, medical bills, loss of income, future medical care, as well as pain and suffering.
Why Hire the Kent Spence Law Firm?
The Kent Spence Law Firm works on a contingency fee basis. This means that Kent Spence does not get paid unless you get paid first either through a settlement or a judgment. Any personal injury lawyer can take your case and make a quick dollar, but not every lawyer is qualified to handle your case and take it to trial. Be wary of attorney’s that are not litigators as they are likely to undervalue your case and reach a low settlement with the insurance company.
When you hire Kent Spence, you hire a team of associates, paralegals, and support staff that will walk you through the process. The firm will immediately file all insurance claims and seek immediate recovery for lost wages and medical bills (if appropriate to your claim). Kent Spence will evaluate your injuries, loss of income, and quantify your damages. Kent Spence will make a demand to the insurance company in an effort to reach a settlement. It is a known fact that insurance companies will put more money on the table when they know that the victim is represented by an attorney who is qualified to take the case to trial and win.
Kent Spence is a past president of the Wyoming Trial Lawyer Association and remains active in the leadership of that organization. Kent Spence focuses on personal injury, wrongful death, civil rights, product liability, trucking, and medical malpractice claims. The Kent Spence Law Firm has the experience to properly value your case so that you can obtain the justice and compensation that you deserve. Call today for your Wyoming personal injury evaluation.
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
- Injury Types