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What Are Damage Caps for Personal Injury Compensation?

If you’re seeking a personal injury lawsuit, then you may want to know if there are any limits or caps on your settlement. If you want to know about personal injury compensation in Jackson, Wyoming then you should contact a personal injury attorney to discuss your case. Learn more about potential caps on your settlement for your personal injury claim in Wyoming.

What Are Damage Caps for Personal Injury Compensation in Jackson, Wyoming?

Each state has the ability to impose limits on personal injury compensation within the legal statutes of the state’s laws. In Wyoming, there is no cap or limitation on damages that can be recovered from a personal injury lawsuit. The compensation you can claim in a personal injury lawsuit can cover the full economic damages of your injury, including medical expenses, lost income, and personal property damage.

There is also no cap or limitation on non-economic compensation, such as pain and suffering associated with your injury. That said, pain and suffering compensation is more difficult to measure than the economic impacts of an accident, so your compensation will vary based on your specific case. Wyoming judges and juries will use factors related to your case to calculate the monetary value of your pain and suffering.

The State Constitution

Wyoming’s state constitution specifically prohibits any and all caps on personal injury compensation for damages related to physical and emotional harm. However, there may be a cap of $250,000 on personal injury claims against some government entities or properties. But as long as you are making a personal injury claim that does not involve the government, there will be no limitation on your potential injury compensation.

What About Comparative Negligence?

There is one rule in the state constitution that will impose a type of limitation on the compensation you can claim from a personal injury lawsuit. For example, if your legal case involves comparative negligence, then the compensation in your case will be determined by your percentage of liability.

In comparative negligence, as long as you are not 51% percent at fault for an accident, you will be able to claim some compensation for your damages. The less responsible you are for an accident, the more compensation you will receive. If you are more than 51% liable for the accident and you caused damages to another person, then you will not eligible to receive any compensation for your own damages.

What About Statute of Limitations?

Although there are no compensation limits or caps, there are limitations on how long you can file personal injury claims in Wyoming. There are different statutes of limitations for different types of accidents, as well as rules for whether you need to file at the state or federal level. For example, you will generally have two years to file a personal injury lawsuit for an auto accident, but if you got into an accident with a government employee or vehicle, then you will need to file your claim with the federal government.

Other types of lawsuits have different statutes of limitations, most of them falling within four years of the date of your injury. Even if your lawsuit is ongoing, as long as the initial filing was within four years of your injury, you will be able to seek the compensation you deserve. If you miss the four-year deadline, then you will not be able to seek compensation at all.

Why Do You Need a Personal Injury Attorney?

Now that you know about Wyoming caps on compensation and statutes of limitations for your personal injury lawsuit, it’s time to explore why you will need a personal injury attorney to help you with your case. First and foremost, the laws about personal injury in Wyoming and all of the documentation required to file a suit in court can be very complicated to navigate by yourself, especially if you’re still healing. A lawyer will handle all the hard parts for you.

A lawyer is also important when it’s time to negotiate your settlement. Depending on the type of case you have, it’s possible that you will be offered an initial settlement from an insurance company, but these first settlement offers aren’t always fair and they may not cover the full extent of your personal injury. It’s always best to have a lawyer on your side to negotiate a better settlement on your behalf.

Gathering Evidence

Any personal injury lawsuit will require extensive evidence to prove the case. The type of evidence you need will depend on your accident and the injuries you have, but it can be difficult to keep track of all the evidence related to your case by yourself. It goes without saying that losing parts of your evidence can also mean losing your case, so it’s best to trust a legal firm with your evidence.

There are many ways evidence can be used to prove your case. Some of the most common types of evidence include medical records, medical bills, independent medical examinations, termination notices, bills for the repair of personal property, police reports, video and photographic evidence, and witness testimony. All evidence should be documented and presented with your case if your case goes to trial.

Representing You

Because Wyoming is a comparative negligence state, your case may progress to trial if the other person involved in your accident claims you are at least partially responsible for the accident and any sustained injuries. Comparative negligence cases are typically tried in court and a jury or judge will determine the percentage of your liability based on the evidence presented. Having an experienced personal injury attorney in court can be more effective than representing and defending yourself.

How Do You Know If You Have a Case?

So, what are the requirements for a personal injury case in Jackson, Wyoming? If you aren’t sure whether you should seek compensation for your injuries, then you will need to self-assess your case or bring your case to an experienced personal injury lawyer to determine whether or not you are entitled to any compensation for your damages. Some qualifications include:

Damages 

Damages are the physical, economical, and emotional injuries you suffered as a result of the accident. If you were in an accident and you sustained an injury through no fault of your own, then you likely have a personal injury case. If you lost money because of a violated contract, if you were injured at your workplace, or if your physical injury caused emotional stress, these are all reasons why you may want to seek compensation.

Liability

Liability is all about who is responsible for your injuries and damages. You should generally be able to seek compensation if the actions or negligence of another person or entity caused your accident. For example, safety violations on the road or at work, negligence from medical professionals, or even intentional assault all mean that someone else is liable for your injuries. In these cases, you should be entitled to compensation for your injuries, as well as pain and suffering related to your case.

In Wyoming, there are no caps or limitations on personal injury lawsuits. With the help of an experienced personal injury attorney, you should be able to seek the fair compensation you deserve for your injuries. Please contact Ochs Law Firm in Jackson, Wyoming today to learn more about your personal injury case.

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Jason E. Ochs

Jason began his legal career in 2002 with a national multi-district litigation law firm in Newport Beach, California. There he worked on a variety of high-profile, complex-litigation projects including pharmaceutical and medical-device litigation across the country.

The Ochs Law Firm epitomizes professionalism and commitment to all of our clients, regardless of the size of the case or the might of the Defendant. We practice in Wyoming, Colorado, Kansas and California in personal injury litigation, medical malpractice, defective products, class action lawsuits, Qui Tam lawsuits, litigation across multiple districts, bad faith insurance, and civil litigation.

We look forward to providing top quality service and representation for you and your family.