Personal Injury Law in Casper, WY
Were you hurt due to another’s negligence in Casper? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Casper, WY can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Casper relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Casper, WY
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Casper
While a personal injury case doesn’t have to involve a work-related incident, it can help provide perspective. For example, the Census of Occupational Injuries found that occupational fatalities increased 3.3% in 2019. A news release from the Wyoming Department of Workforce Services shows that mining and transportation had the most incidents. This statistic is meaningful because the U.S. Bureau of Labor Statistics reports that nearly 10,000 Casper residents worked for these employers in 2021.
Steps in a Personal Injury Lawsuit in Casper, WY
Once you determine that you wish to proceed forward with a personal injury action in Wyoming
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.
The American Bar Association reports that most civil cases do not go through a trial. The majority of litigation for personal injuries is settled out of court. This type of agreement can happen at any time during the process, but mediation is crucial nonetheless. Settlements like this typically occur to avoid costly legal fees and leave the final number to a judge and jury.
Wyoming Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.
According to the American Bar Association, awards given by a judge or jury include lost wages, expenses, and medical bills. These are considered economic damages because they involve tangible financial costs. On the other hand, non-economic damages compensate you for pain, suffering, and loss of quality of life. The amount for this can vary, but precedent typically is a way to justify the award.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in WY, that means you risk not receiving any compensation at all.
Damage Awards in Wyoming
If your Wyoming personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.
Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
The Constitution of the State of Wyoming prohibits limits on personal injury awards at the time of writing. A $250,000 cap does exist for claims against some government entities, however.
Statute of Limitations in Casper, WY Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
Casper workers hurt on the job have up to 4 years to file a workers’ compensation claim generally. If you work for the government, some exceptions can apply in your case. The statute of limitations is only 2 years, and you have to wait 1 year from giving the notice to start litigation.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Casper, WY Lawyer
Pursue a personal injury claim in Casper against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Wyoming state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
Other areas of Casper, WY law could apply to your case!