What is a Tort Case, and What Does It Involve in Wyoming?

In Wyoming, tort cases arise from civil wrongdoing or disagreement that results in injuries to a person by another individual or business. Since tort cases are civil disputes, they rarely result in criminal charges, except if laws are broken in the process. In a tort case, the court’s judgment usually involves monetary damages awarded to the aggrieved party.

The District and Circuit Courts of the Wyoming Judicial Branch hear tort cases. Typically, the amount involved determines the court that hears the case. Circuit Courts handle tort cases where damages sought are less than $50,000, while District Courts hear other tort actions. The state’s District Courts also have exclusive jurisdiction over tort claims against the state.

Records that are considered public may be accessible from some third-party websites. Operating independently of any state agency, these websites may make searching more straightforward. Third-party sites are generally not limited by geographic location, and the search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties are typically required to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused 

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record results, accuracy, or availability is not guaranteed. 

What is Wyoming Tort Law?

Tort law in Wyoming is generally contained in the Code of Civil Procedure. The law guides civil proceedings to ensure that victims are adequately compensated. Tort laws in Wyoming encompass the following:

• There is a four-year window from the date of the incident to file a personal injury suit.
• Every person above the age of 14 may file a tort case and may also be sued for damages. However, a guardian nominated by a minor who was sued may represent them.
• The Wyoming Governmental Claims Act guides the procedures for tort cases against the government. The act ensures that court proceedings are fair and determines the provisions for the application and limitations of any immunity enjoyed by government entities.
• State laws impose no limit on the compensatory damages applicable to a tort case.
• If the jury decides the plaintiff bears some blame, a shared fault rule allows the court to award damages if their fault is less than 50%.

What Kinds of Cases are Covered by Tort Law in Wyoming?

Types of cases under tort law in Wyoming typically include:

• Professional negligence cases
• Strict liability
• Deliberate infliction of emotional distress
• Trespassing on a property
• Assault or battery

What are the Differences Between Criminal Law and Tort Law in Wyoming?

Criminal law in Wyoming guides the prosecution and punishment process for committing crimes, following the state’s Criminal Code. Whereas tort law is contained in the Code of Civil Procedure and guides the process for civil disputes.

A major difference between criminal law and tort law is that criminal law concerns cases that involve the government against accused parties, while civil cases are usually between persons or businesses.

In criminal law, punishments for persons convicted of the charges brought against them include a jail sentence or execution. Such punishments are not applicable in tort law as the remedy is monetary damages used to compensate the aggrieved party.

The consequences of crimes are typically considered more severe than torts. Crimes usually affect society as a whole and therefore carry severe penalties, while torts affect individuals who are usually the recipients of the compensation.

What is the Purpose of Tort Law in Wyoming?

The primary purpose of tort law in Wyoming is to compensate the aggrieved parties for the damages they suffered. The law also protects people’s interests in their relations with others and generally aims to deter future negligence or liability occurrences.

What is a Tort Claim in Wyoming?

A tort claim under Wyoming laws refers to the legal filing as a result of the losses sustained by a victim due to the injury inflicted on them. A tort claim is typically filed in the District Court for monetary damages. A tort usually occurs due to negligence of the party that inflicts injury. Tort claims generally offer the aggrieved party a means to receive compensation for any injury or harm they suffered following the incident. If an aggrieved party wishes to file a tort claim against the state, the   Department of Administration and Information addresses their claim and compensates them.

How Do You File a Tort Claim in Wyoming?

Interested persons may initiate a tort case in Wyoming by visiting the District Court or Circuit Court (for claims under $50000) within their county area to file a tort claim. The Clerk of Court typically provides the necessary forms like the Notice of Claim. Claimants may complete the form with the requested information, such as the claim's details and the accused party's personal details. A copy of the filing papers is usually served to the other party.

The General Services Division of the Department of Administration and Information addresses claims against Wyoming state. Interested persons can call the administrator’s office at (307) 777–7767 to make inquiries.

What Does a Tort Claim Contain in Wyoming?

A tort claim in Wyoming typically contains the following information:

• Full name and address of the claimant
• Information on the incident, including the date, time, and location
• An outline of the loss or injury incurred by the claimant due to the incident
• The personal information of the party responsible for the injury or loss, including that any public employees involved
• The amount of the monetary damages sought or other relief demand

What Happens after a Tort Claim is Filed in Wyoming?

Upon filing a claim in Wyoming, case proceedings may commence in court, and both sides may opt for a settlement rather than going to trial. Where the state or government entity is insured, the claim is presented to the insurance company involved to investigate, negotiate settlements, and pay any agreed-upon claims.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Employing the services of a personal injury lawyer may aid in the filing of a tort claim. Personal injury lawyers generally know tort laws and how they apply to the filing and collection of a claim. However, claimants are not mandated to use a personal injury lawyer, as the law permits self-representation for such persons.

How Can I Find a Personal Injury Lawyer Near Me?

The Wyoming Equal Justice site provides a Find-a-Lawyer page, which typically contains resources that interested persons may use to find personal injury attorneys. The Wyoming State Bar also maintains a Lawyer Referral Directory that the public may access its members in different areas of law, including personal injury cases.