Wyoming Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

Four years for an injury to the rights of the plaintiff not arising on contract, which covers most negligence-based injury claims. Assault or battery (other than sexual assault), libel, slander, malicious prosecution and false imprisonment have a one-year deadline.

Four years for taking, detaining or injuring personal property (such as a car), and four years for trespass on real property.

Two years from the date of the act, error or omission in providing licensed health care services. If the problem was not reasonably discoverable within two years (or was not discovered despite due diligence), the claim may be filed up to two years after discovery. If discovered during the second year, the deadline is extended by six months. For minors, the deadline is the later of the eighth birthday or two years from the act (with the same discovery rule).

Two years after the death.

The action must be brought by and in the name of a wrongful death representative appointed by the district court, for the exclusive benefit of beneficiaries who suffered damage. Each beneficiary may prove their own damages, including loss of future companionship, society and comfort, and both pecuniary and exemplary (punitive) damages may be awarded. If the person left a spouse, child or parent, the person's debts cannot be paid from the recovery. The appointing court may approve settlements and resolve disputes over dividing the proceeds.

Modified comparative fault (51% bar). A claimant can recover if their fault is not more than 50% of the total fault of all actors; damages are reduced by the claimant's percentage of fault. The jury is told the consequences of its fault percentages.

Under the Wyoming Governmental Claims Act, no lawsuit may be brought unless an itemized written claim is presented to the government entity within two years of the act, error or omission (or up to two years after discovery if it was not reasonably discoverable). Claims against the state go to the general services division of the Department of Administration and Information; claims against other entities go to their business office (for example, the county clerk). The lawsuit must then be filed within one year after the claim is filed. Liability is capped at $250,000 per claimant and $500,000 per occurrence, unless the entity has insurance with higher limits.

Owners must keep a motor vehicle liability policy or bond. Proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage.

The driver must immediately, by the quickest means available, notify the local police department (inside a city or town) or otherwise the nearest Wyoming Highway Patrol office or the county sheriff, if the crash causes injury or death, or damages a vehicle (other than a bicycle or other human-powered vehicle) so it cannot be driven normally and safely. Wyoming uses this disabled-vehicle test rather than a dollar threshold. If the driver cannot, a capable passenger must give the notice.

Wyoming no longer requires drivers to file their own written crash report; the driver-report provisions were repealed in 2013. Instead, a police officer who investigates a crash causing injury or death, or leaving a vehicle unable to be driven normally and safely, must send a written report to the state highway department within 10 days after the investigation.

A driver in a crash causing injury, death, or damage to an attended vehicle or property must stop at or as close to the scene as possible and stay until they have given their name, address and vehicle registration number, shown their license if asked (including to police), and given reasonable help to anyone injured, including arranging transport for treatment. Failing to stop or comply after an injury or death crash is punishable by up to one year in jail and/or a fine up to $5,000. Failing to stop after a crash damaging only an attended vehicle or property is a misdemeanor. For an unattended vehicle or property, the driver must stop and either find the owner or leave a secure written note with their name, address and registration number.

Under the Wyoming Governmental Claims Act, the waivers of immunity do not cover damages caused by the maintenance of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area, expressly including maintenance to compensate for weather conditions, so claims against a governmental entity for snow or ice on those surfaces fall outside the Act's waivers.

Wyoming governmental entities are not liable under the Governmental Claims Act for damages caused by a defect in the plan or design of a sidewalk, street, alley, highway, bridge, culvert or parking area, by a failure to construct or reconstruct one, or by its maintenance (including maintenance for weather conditions). The statute read does not address liability of the owner of property next to a sidewalk.

Under the Wyoming Governmental Claims Act, which covers both the state and local governments, no lawsuit may be brought unless an itemized written claim stating the time, place and circumstances, the claimant's name and address, and the amount demanded is presented within two years of the act or omission (or within two years after discovery in limited cases). Claims against a county are filed with the county clerk, against a city or town with the city or town clerk, and against other local entities at their business office; local governments need not act on the claim before suit. The lawsuit must be filed within one year after the claim is filed. Liability is capped at $250,000 per claimant and $500,000 for all claimants from one occurrence, unless the entity's insurance extends it.

A Wyoming landowner owes no duty to keep land safe for people entering for recreational purposes and no duty to warn of dangers; an owner who invites or permits free recreational use does not promise the land is safe, does not make the user an invitee or licensee, and is not liable for injuries caused by the user. The law does not limit liability for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity, or for injuries where the owner charges people to enter for recreation (lease payments from the state or a subdivision do not count as a charge).

Wyoming requires helmets only for minors: no minor may operate or ride on a motorcycle on public highways, streets and thoroughfares unless wearing approved protective headgear securely fastened, and an operator may not let a minor ride without one. Adults are not required to wear helmets under this section. Riders in an enclosed cab, moped riders, autocycles and officially authorized parades are excluded. The section does not address the effect on damages.

Lane splitting is banned: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass a vehicle in the same lane except another motorcycle. Police officers on duty are exempt; motorcycles may not ride three or more abreast in a single lane.

When traffic signals are not in place or not working, drivers must yield, slowing down or stopping if needed, to any pedestrian within or entering a crosswalk at either edge of the roadway, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle so close that it is an immediate hazard. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk.

A bicycle rider has all the rights and duties of a vehicle driver, except special bicycle rules and provisions that cannot apply. Bicyclists ride as near to the right side of the roadway as practicable and no more than two abreast except on paths set aside for bicycles. Wyoming's bicycle article contains no helmet requirement and no minimum passing distance.

While a Wyoming rideshare (transportation network company) driver is available for ride requests but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus uninsured motorist coverage as required by state law. During a prearranged ride: primary liability of at least $1,000,000 for death, bodily injury and property damage, plus uninsured motorist coverage. If the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar and defend the claim.

Wyoming's workers' compensation law makes comp the exclusive remedy against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. It does not supersede the worker's rights against any other person, and an injured worker may collect comp and also sue a third party (such as another contractor or equipment maker), subject to the state's reimbursement right.