When someone who has suffered an injury comes to talk to a personal injury lawyer about compensation for their damages, the lawyer will begin by asking them to describe exactly what happened to them. Were they injured because of dangerous conditions on someone’s property—open land, a house, an apartment, a store? Or did another person do something that caused their injury? This question is the starting point for determining how they can recover—whether it is a matter of premises liability or personal liability.

Both of these situations lead to tort claims, and they have these elements in common:

• One party had a duty of care to other people
• They breached that duty of care
• Because they breached that duty, another person was injured
• And that person suffered damage from the injury

When the party had a duty of care to the safety of others on their property, then a failure in that duty that caused an injury would result in a premises liability case against them. When the party’s duty of care applied to their own behavior, a failure in their duty would result in personal liability to the person they injured.

In either situation, the injured party can claim compensatory damages, including medical bills, lost wages, emotional distress, and pain and suffering. If the injury resulted from malice or recklessness, the court might decide to grant punitive damages to the plaintiff.

Premises Liability Claims in Wyoming

In Wyoming, business owners must take reasonable care to make their premises safe. If they knew or should have known that there was a hazardous condition on the property and did not take steps to make it safe, they could face liability for any injuries suffered because of it. An invited guest on private property can also expect the same duty of care, and a landlord, too, has to provide a reasonably safe habitation. There are exceptions; for example, someone who just allows their land to be used without charge does not have that duty of care, and trespassers can’t expect it either. Nonetheless, many everyday accidents are covered by some party’s premises liability.

When a floor is poorly maintained—slick wet tile, tangled ground, cracked cement—and that causes someone to fall and be injured, it results in one of the most common premises liability claims, a slip and fall. Any injury arising from a hazard that has not been addressed may give rise to a premises liability claim: rotten boards that give way, stairs that collapse, unsalted paths that freeze over, mold that makes tenants sick.

Personal Liability Claims in Wyoming

Personal liability is more straightforward: when a person’s act or omission causes an injury to someone they had a duty of care towards, they can be personally liable for damages. We handle these claims daily. Some of the most common types we see are:

• Motor vehicle accidents—cars, trucks, motorcycles
• Other traffic accidents involving bicycles or pedestrians
• Medical malpractice

Today, liability insurance is common enough that many people, and most professionals, carry some type of it. If so, there is more likely to be money available for an injured party to recover, but insurance company attorneys may try to pressure you to abandon your claim or accept much less than you need.

Wyoming is a “modified comparative negligence” state. This means that in a trial, a court determines whether the plaintiff was partly at fault for their own accident and how much, by percentage. Their damage award is reduced by that percentage—for instance, if the plaintiff was 20% at fault, their award of $10,000 would be reduced by $2,000. If a plaintiff is found to be more than 50% responsible for their accident, they cannot recover anything.

The defendant’s insurance investigators will make their own estimations of fault, and they will have their own best interests in mind as they do it, not yours. Let an attorney handle them for you—we deal with insurance companies every day. We will investigate your claim in order to calculate your damages and determine the fairest outcome for you.

Most injury cases in Wyoming have to be brought within four years of the incident, but in some cases, the deadline is closer, and the requirements can be complex. If you have a claim or believe that you could, don’t delay—we are waiting to hear from you. Contact our attorneys in Casper today.

What Happens If I Am Partly at Fault for My Wyoming Car Accident?

Life is full of difficulties today, and they do not stop when you are on the road. Texting, phone conversations, and arguments with passengers lead to distracted driving. Long work hours lead to fatigue and inattention. It’s all too easy to get into an accident that you should have seen coming, especially if another driver should have seen it coming too. If you are—or you think you may be—partly at fault for a car accident in Wyoming, you are no doubt worried, frustrated, and facing mounting costs, but you still have options.

Even if you are at fault, you may be able to recover damages on your own behalf for:

• Medical costs
• Pain and suffering
• Lost wages

Wyoming is what is known as a “modified comparative fault” state. This means that any party who is less than 50% at fault for an accident can recover damages, but the amount of their damages will be reduced by that percentage. For example, someone who is 20% at fault for an accident and has $10,000 worth of damages could recover $8,000 (20% less than their damages).

Who Decides How Much Fault You Have?

By law, that is the job of a judge or jury, but most car accident claims do not go to court. Instead, they are settled between the insurance companies of the parties involved. Insurance adjusters examine the evidence and determine the percentage of fault that they believe each party had. They will interview people and review police reports, photographs, medical records, and other documentation. If it is a major accident, they may travel to the accident site.

The company will then determine fault based on its data analysis. This is the number they will use in negotiations with the other party’s insurer, if any, or with you. Even your own insurance company is not really on your side; it will attempt to settle for as little as possible. An attorney can represent your interests and ensure that you do not take more of your share of the fault for the accident.

Is It Too Late to File a Claim for My Accident?

Be sure to read your policy carefully. Your insurance contract probably has a clause requiring you to file a claim with them as soon as possible after the accident or within a certain number of days. Not doing so can give them a reason to deny your claim. It is also essential to get a medical exam and accept any treatment you may be offered, even if you did not at first feel that you were hurt in the accident. The shock and adrenaline of a car accident can hide injuries that become clear later, such as whiplash, damage to the spine, or psychological trauma. Avoiding medical treatment can be taken as evidence that you were not really injured.

Your insurance contract does not affect your rights to file a lawsuit for damages against another party. You can usually sue for damages within four years of a car accident, as Wyoming has a four-year statute of limitations on filing suit for personal injury or property damage. A wrongful death suit, however, must be filed within two years of the accident. And if one of the parties was a government employee, or the accident involved a road hazard that should have been fixed, you may need to file a claim against the government. Wyoming law and federal law both require government claims to be filed in a much shorter period of time, depending on which branch or agency is responsible.

This is a complex and time-sensitive business, and it is best to have a personal injury attorney on your team as you go through it. Personal injury attorneys work with insurance companies every day, and they are familiar with the stages and typical deadlines in the process. The attorneys at Platte River Law will be glad to talk to you about what happened and what you can do next.