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What is a Tort Case, and What does it Involve in Wyoming?

Tort cases in the State of Wyoming arise as a result of a civil wrong that results in injuries on a person by another individual or business. Since tort cases are civil disputes, there are no criminal charges, and the court’s judgment usually involves monetary damages awarded to the aggrieved party.

The District Courts and the Circuit Courts of the Wyoming Judicial Branch hear tort cases. Typically, the amount involved determines the court that hears the case. The Circuit Courts handle tort cases that the sought damages are less than $50,000 while the District Courts hear other tort actions. The 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. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must 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 that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Wyoming Tort Law?

Tort law in Wyoming is 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 fourteen years can file a tort case and can also be sued for damages. However, a guardian nominated by a minor that was sued will represent them.
  • The Wyoming Governmental Claims Act guides the procedures that apply to tort cases against the government. The act ensures that the court proceedings are fair, and it also eliminates any immunity enjoyed by government entities.
  • The state laws impose no limit on the compensatory damages applicable for a tort case.
  • If the jury decides the plaintiff bears some blame, there is a shared fault rule that allows the court to award damages still 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 are:

  • 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 more severe than torts. Crimes usually affect society as a whole and therefore carry severe penalties, while torts affect individuals who can be compensated.

What is the Purpose of Tort Law in Wyoming?

The major purpose of tort law in Wyoming is to compensate the aggrieved parties for the damages they suffered. The law also protects people’s interest in their relations with others. Furthermore, tort law 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 filed in the District Court for monetary damages. A tort usually occurs due to negligence of the party that inflicts injury. Tort claims give the aggrieved party a way to compensate for any injury or harm they suffered from the incident. If an aggrieved party wishes to file a tort claim against the state, the state’s Department of Administration and Information addresses their claim and compensates them.

How Do You File a Tort Claim in Wyoming?

Interested persons can 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 will provide the necessary forms like the Notice of Claim. Claimants can complete the form with the requested information such as the details of the claim and the personal details of the accused party. A copy of the filing papers is 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 contains the following information:

  • Full name and addresses 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 the filing of a claim in Wyoming, the case proceedings may commence in court, and both sides can opt for a settlement rather than going to trial. Claims against the state or any government entity that insurance covers are presented to the insurance company involved to perform investigation, settlement, and payment of the claims.

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

Employing the services of a personal injury lawyer can aid the process of filing for a tort claim. Personal injury lawyers know tort laws and how they apply to the process of filing and collecting 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 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 can access its members in different areas of law, including personal injury cases.

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