Wyoming is an at-fault state with a four-year statute of limitations for most personal injury claims, modified comparative fault with a 51% bar, and a constitutional prohibition on capping damages for injury or death in most cases. The Wyoming Constitution (Art. 10, § 4(a)) states that no law shall limit the amount of damages recoverable for causing injury or death. However, medical malpractice non-economic damages are capped at $250,000, and government liability is capped. Auto insurance liability minimums are 25/50/20.
Wyoming provides a four-year statute of limitations for most personal injury claims under Wyo. Stat. § 1-3-105(a)(iv)(C). This applies to motor vehicle accidents, premises liability, product liability, and general negligence. This is one of the longest filing periods in the nation.
Wrongful death: Two years from the date of death (Wyo. Stat. § 1-38-102(d)).
Medical malpractice: Two years from the date of the act or discovery. A pre-suit review panel process is required before filing a lawsuit.
Intentional torts (assault, battery, kidnapping, libel, slander, malicious prosecution): One year.
Product liability: Four years, with a ten-year statute of repose (Wyo. Stat. § 1-3-111).
Property damage: Four years.
Claims against Wyoming governmental entities are governed by the Wyoming Governmental Claims Act (Wyo. Stat. § 1-39-101 et seq.). A formal claim must be filed within two years of the incident. If the claim is denied, suit must be filed within one year after the claim was filed. Claims against government employees require notice and have significantly shorter effective deadlines.
The statute is tolled for minors (until age 18, then the applicable period runs) and mental incapacity. The discovery rule applies when injuries are not immediately apparent.
Wyoming follows a modified comparative fault rule under Wyo. Stat. § 1-1-109(b). A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.
Wyoming applies several liability each defendant is responsible only for their proportionate share of fault.
The Wyoming Constitution (Art. 10, § 4(a)) provides: "No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person." This constitutional provision prohibits damage caps in most personal injury cases, including auto accidents, premises liability, product liability, and wrongful death.
Despite the constitutional provision, Wyoming has enacted a cap on non-economic damages in medical malpractice cases at $250,000 (Wyo. Stat. § 1-12-114). Economic damages are not capped. The constitutionality of this cap in light of the constitutional prohibition has been a subject of legal debate.
Punitive damages are capped at the greater of $250,000 or three times compensatory damages. Punitive damages require proof of willful, wanton, or malicious conduct.
Under the Wyoming Governmental Claims Act:
- $250,000 per claimant
- $500,000 per occurrence (aggregate)
- No punitive damages against government entities
Wyoming is an at-fault (tort) state.
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 per accident for property damage
Wyoming does not require Uninsured/Underinsured Motorist (UM/UIM) coverage. It is optional.
Wyoming does not require Personal Injury Protection (PIP). Medical Payments (MedPay) coverage is optional.
Personal injury lawsuits are filed in District Court (general jurisdiction). Circuit Court handles civil matters up to $50,000. Small Claims Court (within Circuit Court) handles cases up to $6,000. Wyoming has 23 counties with 9 judicial districts.
Natrona County (Casper) and Laramie County (Cheyenne) handle the largest volumes of personal injury litigation. Other significant jurisdictions include Teton County (Jackson), Sweetwater County (Rock Springs/Green River), Fremont County, and Campbell County (Gillette).
Wyoming's vast open spaces, extreme weather, energy industry, ranching economy, wildlife, and tourism generate diverse personal injury litigation despite the state's small population. Common case types include motor vehicle accidents (particularly on I-80, I-25, I-90, US-287, and US-26 Wyoming has some of the highest per-capita fatal crash rates due to long distances, high speeds, wildlife crossings, and severe weather), commercial truck accidents (energy industry trucking on I-80 and rural highways), motorcycle accidents, pedestrian accidents, premises liability (including slip-and-fall, resort and hotel injuries), medical malpractice, product liability, wrongful death, oil and gas industry injuries (drilling, pipeline, fracking, refinery Wyoming is a major energy-producing state), coal mining injuries, construction accidents, workplace injuries, ranch and agricultural injuries (livestock, heavy equipment, fencing), wildlife vehicle collisions (deer, elk, moose, antelope Wyoming has among the highest rates nationally), ski and snowboard injuries (Jackson Hole, Grand Targhee inherent risk statutes apply), snowmobile and ATV accidents, hunting accidents, dog bites (Wyoming follows a negligence/knowledge standard owner liable if they knew or should have known of dangerous propensities), injuries at national parks and federal lands (Yellowstone, Grand Teton federal jurisdiction may apply), rodeo and equestrian injuries, and severe weather-related injuries.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
Wyoming provides a four-year statute of limitations for most personal injury claims under Wyo. Stat. § 1-3-105(a)(iv)(C), one of the longest filing periods in the nation. This applies to motor vehicle accidents, premises liability, product liability, and general negligence. Wrongful death claims carry a shorter two-year deadline from the date of death under Wyo. Stat. § 1-38-102(d).
Wyoming follows a modified comparative fault rule under Wyo. Stat. § 1-1-109(b). A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault. Wyoming applies several liability, so each defendant is responsible only for their proportionate share of fault.
The Wyoming Constitution (Art. 10, § 4(a)) provides that no law shall limit the amount of damages recoverable for causing injury or death, prohibiting damage caps in most personal injury cases including auto accidents, premises liability, product liability, and wrongful death. Despite this, Wyoming has enacted a $250,000 cap on medical malpractice non-economic damages under Wyo. Stat. § 1-12-114 (economic damages are not capped). Punitive damages are capped at the greater of $250,000 or three times compensatory damages.
Wyoming requires liability minimums of 25/50/20: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 per accident for property damage. Wyoming does not require Uninsured/Underinsured Motorist (UM/UIM) coverage; it is optional. PIP coverage is also not required, and Medical Payments (MedPay) coverage is optional.
Claims against Wyoming governmental entities are governed by the Wyoming Governmental Claims Act (Wyo. Stat. § 1-39-101 et seq.). A formal claim must be filed within two years of the incident, and if denied, suit must be filed within one year after the claim was filed. Government liability is capped at $250,000 per claimant and $500,000 per occurrence, with no punitive damages allowed against government entities.
Personal injury lawsuits are filed in District Court (general jurisdiction). Circuit Court handles civil matters up to $50,000, and Small Claims Court (within Circuit Court) handles cases up to $6,000. Natrona County (Casper) and Laramie County (Cheyenne) handle the largest volumes of personal injury litigation, followed by Teton County (Jackson), Sweetwater County, Fremont County, and Campbell County (Gillette).
This is not legal advice. This page provides general information about Wyoming personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in Wyoming to discuss the specific facts of your case.
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