Wyoming Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

Wrongful death actions must be commenced within 2 years after the death of the decedent. A court-appointed wrongful death representative files on behalf of eligible beneficiaries.

Medical malpractice claims must be filed within 2 years of the negligent act. If not reasonably discoverable, 2 years from discovery. If discovered during the second year, an additional 6-month extension applies.

The statute of limitations is tolled for minors until they reach the age of 18, at which point the applicable limitation period begins to run.

The Wyoming Constitution expressly forbids the legislature from enacting any law limiting the amount of damages recoverable for causing injury or death. No statutory damage caps exist in Wyoming.

Wyoming does not impose a statutory cap on punitive damages. The Wyoming Constitution's prohibition on damage caps applies. Punitive damages require evidence of willful and wanton misconduct.

Wyoming abolished joint and several liability in 1986. Each defendant is liable only for their proportional share of fault, meaning no single defendant can be forced to pay the entire judgment.

A court-appointed wrongful death representative may bring an action within 2 years of the date of death. Recovery is exempt from the decedent's debts and passes to beneficiaries.

Wyoming applies comparative fault principles to product liability cases. The same 51% bar rule applies, and manufacturers, distributors, and sellers may all face liability.