Personal Injury Claims & Lawsuits In Wyoming

Common Types of Personal Injury Claims Filed in Wyoming

From truck accidents to medical malpractice, knowing how to file personal injury claims & lawsuits in Wyoming is vital. Below are the most common reasons for these legal actions.

Motor Vehicle Accident

Wyoming is a fault state, so you would file a claim against the other party’s insurance company to obtain compensation after motor vehicle accidents. You can file a lawsuit against the liable party if negotiations fail.

As the plaintiff, you must show that the other party’s conduct resulted in your losses. The defendant will usually attempt to pin some of the blame on you. Wyoming has modified comparative negligence laws that allow you to still recover losses as long as you were not the party with the highest percentage of fault.

There are no Wyoming numbers for trial success rates, but throughout the country, auto accidents tend to have a 61% success rate.

General Injury

In a general injury claim, you can file against a few types of insurance, including homeowners’, auto, or general liability insurance. The exact circumstances will dictate which is the most appropriate. If going to court is necessary, you can sue the party responsible for your losses directly.

The plaintiff needs to show that they suffered losses because of the other party’s conduct. There aren’t specific trial rate averages for Wyoming.

Workers' Compensation

For a workers’ compensation claim, you would file against your employer’s insurance. You would not be able to file a lawsuit against them, but you can pursue a third-party case against anyone else who contributed to your losses.

The plaintiff in these cases has to show that they suffered work-related injuries or illnesses. If you file a lawsuit against a third party, the defendant will attempt to state that you were negligent or contributed to your injuries. For these cases, your chances of succeeding at trial are about 50%, as with other similar injury claims.

Sexual Assault

Personal injury claims & lawsuits in Wyoming involving sexual assault involve filing a claim against the perpetrator’s auto, home, general or personal liability insurance. If you file a lawsuit, you can sue the perpetrator directly, and they’ll have to pay you from their own assets.

The plaintiff of sexual assault claims has to show that they engaged in sexual activity without their consent or when they were incapable of granting consent. The defendant must show that the sexual activity was consensual or that it didn’t occur. There aren’t trial rate success numbers for these cases.

Dog Bite

If the owner knew the dog had already bitten someone or if they were negligent in securing the animal, you can file a claim against their auto, homeowners’ or personal liability insurance. When filing a dog bite lawsuit, you could obtain compensation from the liable party’s personal assets.

The plaintiff will need to establish that the owner knew the dog was dangerous or that they were in some way negligent. As a defense, the other party can state that you provoked the animal or were on the property illegally. There aren’t any available trial success rate statistics.

Slip and Fall

In a slip and fall accident, you can file a claim against the defendant’s homeowner’s or general liability insurance. You may be able to directly pursue a lawsuit against the liable party.

The plaintiff has to establish that the property owner knew a hazard existed and did nothing to resolve it. The defendant might state that the hazard was easily avoidable or that they did not know about it. These cases have a 50% success rate at trial, like with other personal injury claims.

Medical Malpractice

You can file a claim against the medical insurance of the liable party, as well as against that of hospitals and other facilities. For lawsuits, you can file directly against the liable party.

For medical malpractice claims, the plaintiff has to establish that they received substandard care and sustained injuries. The defendant could state that the injuries were unavoidable and part of standard medical risks. At trial, these cases have a success rate of 19%.

Filing a Personal Injury Claim

After you’ve gotten medical assistance, you must rapidly hire an attorney. In Wyoming, you have four years to file a claim for most types of personal injuries. For medical malpractice, you only have two years. Your attorney will file an insurance claim and submit a demand letter. The insurer will respond, and negotiations will begin.

If you can’t reach a settlement, your lawyer will file a lawsuit. This triggers the discovery phase, where both parties exchange information, followed by the trial. 60% to 70% of these cases settle out of court.

Typical Personal Injury Settlement Amounts in Wyoming

The average settlement for car accidents in the country is $30,416. For sexual assault, the average is between $850,000 and $1,500,000, while for workers’ compensation, it’s $20,000. Medical malpractice settlements throughout the country offer an average of $200,000 to $300,000.

When You Need to File a Lawsuit

You need to file a lawsuit when there are disputes on who’s at fault or when insurance companies don’t offer the type of settlement that you need. As soon as your attorney files the lawsuit, discovery can begin, which can include depositions. Negotiations continue right up to the trial. Only about 15% to 20% of cases require filing a lawsuit. Of these, only 3% to 5% end up in court.

Get Matched With a Personal Injury Lawyer in Wyoming

Having an attorney when filing personal injury claims & lawsuits in Wyoming can help protect your case. A lawyer will investigate the incident and gather evidence to fight for the compensation you deserve. At ConsumerShield, we can put you in contact with trusted attorneys in Wyoming. Fill out our contact form to get started.