The majority of personal injury cases are negligence-based. A party’s reckless or negligent actions caused an accident, which led to another party sustaining injuries. But it can be hard to prove the elements of negligence. It is important to have evidence that shows these elements. If you are an injured victim of a negligent party, you must consider hiring a personal injury attorney Wyoming to help you prove your case.
The Legal Elements of Negligence
In order to recover compensation for your injuries in a personal injury case, you must prove a negligent party caused the accident. To prove liability for damages, the following elements must be proven:
- Duty of care. You must prove somebody else owed you a duty of care. For instance, a driver has the duty to drive safely, ensuring they do not cause harm to other people they share the road with.
- Breach of duty of care. You must prove the party failed to fulfill their duty of care and harm others. For example, you need to demonstrate the negligence of a driver caused an accident.
- Causation. You need to demonstrate that the negligent party’s action directly caused the accident.
- Damages. You must show that you sustained damages due to the other party’s negligent actions.
To prove negligence in a personal injury case, you must have evidence of these elements. Sometimes, you may need expert witness statements. A personal injury attorney knows the right professional to approach to get evidence that can back up your claim.
The Damages You Can Pursue
After sustaining injuries in an accident that happened because somebody else was negligent, you are eligible for some kind of damages. Depending on the facts and circumstances of your case, you may be able to recover money for medical bills, pain and suffering, lost income, lost earning capacity, permanent impairments, and lost life enjoyment. How much compensation you can expect depends on many factors such as the seriousness of your injuries and your financial losses.
Statute of Limitations for Personal Injury Claims in Wyoming
Although the law in Wyoming is generous in the amount of time you can file a personal injury lawsuit, there is a limit to when you can file. This law is known as the statute of limitations. In Wyoming, you have four years from the date of the accident or injury to file a lawsuit. Not filing within this timeframe can result in your claim being denied by the insurance company.