What Is the Statute of Limitations in Wyoming?

In Wyoming, per Wyo. Stat. § 1-3-105, the statute of limitations is a law that stipulates the time frame during which legal action may be taken following a wrongdoing, injury, loss, or damage. Typically, the time starts to count from the date of the alleged offense or when the impact was discovered, in rare cases where the impact may not be immediately discovered. Upon expiration of the statute of limitations, it is no longer possible to pursue a case against the individual.

Deadlines protect the defendant from being sued for past events or old claims. They also provide the plaintiff with guidelines to initiate legal proceedings and secure prompt recourse. Moreover, by setting a clear deadline, the statute of limitations ensures uniformity, transparency, and fairness, and provides a clear framework for different types of crimes and offenses.

How Long Is the Statute of Limitations in Wyoming?

Per Wyo. Stat. § 1-3-105, the time limits for filing a lawsuit in Wyoming depend on the specifics of the case. In general, the duration ranges from 1 year for defamation and 2 years for claims like personal injury, to a maximum of 10 years for cases like breach of contract and other types of contract disputes.

Personal injury cases must be prosecuted within 4 years beginning from the alleged date of the injury. This applies to a wide range of personal injury claims, such as injuries from car accidents, medical malpractice, and slip and falls. If the case is not prosecuted within this time window, the plaintiff will lose the right to have the case heard in court.

What Crimes Have No Statute of Limitations in Wyoming

The time range to press charges for a crime depends on the conduct. Some crimes have significantly longer statute of limitations because of their severity, while others have no statute of limitations at all. Regardless of how much time has passed, any individual charged with these crimes may be prosecuted. For instance, murder in Wyoming has no statute of limitations. Other crimes with no statute of limitations include:

• War crimes
• Certain sex offenses,
• Kidnapping, and
• Arson

Criminal Statute of Limitations in Wyoming

In Wyoming generally, there is no statute of limitations for criminal offenses. Any felony or misdemeanor offenses may be prosecuted without any time constraints. Also, crimes like murder, rape, and sexual offences have no time constraints on prosecution. In general, misdemeanors often have statutes of one or two years. Prosecutors hardly pursue minor cases that occurred 10 years prior.

In a situation where the defendant harms a minor, the statute of limitations may be extended. It starts to count either when the victim reaches 18 years the age of majority, or when they recover from incapacity. For a fraud case where the defendant evades the law or conceals the crime, the statute of limitations may be extended when the offender is caught.

Is There a Statute of Limitations on Attempted Murder?

There is no statute of limitations for murder. The standard time limit for felonies is 3 years in Wyoming. For attempted murder, this law applies.

Statute of Limitations on Sexual Assault in Wyoming

In Wyoming, there is no criminal statute of limitations for child sexual abuse. Due to the severity of the offense, there is no time limit to prosecute criminal sexual assault cases.

The civil statute of limitations for child sexual abuse is 26 years, that is, 8 years after the victim reaches the age of majority. Due to the emotional trauma involved, some victims may be scared about the implications and how disclosure may affect them. They may also be under the care of their abusers. The court may grant an extension based on the discovery rule. The standard time is three years. This applies to cases where the victim discovers an injury resulting from abuse long after the incident.

Civil Statute of Limitations in Wyoming

Civil statute of limitations in Wyoming stipulate legal deadlines during which an individual must file a lawsuit following harm or injury. Civil lawsuit deadlines in Wyoming vary depending on the case. In some cases where the discovery happened years after the incident, the judge may grant an extension based on the discovery rule. Per Wyo. Stat. § 1-3-105, personal injury and property damage have a time limit of 4 years. Pursuant to Wyo. Stat. § 1-3-107, medical malpractice must be prosecuted within 2 to 4 years.

Statute of Limitations for Medical Malpractice in Wyoming

Under Wyo. Stat. § 1-3-107, the standard time limit for pursuing recourse for a medical malpractice case in Wyoming is two years. The time starts to count from the date of the occurrence. Sometimes, the damage resulting from medical malpractice may not be immediately obvious, for instance, if the plaintiff discovers an infection caused by a foreign object introduced during surgery. In such cases, the time starts to count from the date of discovery.

The discovery rule is a legal principle that allows the statute of limitations to be extended for cases where the damage may not be immediately obvious. However, there are exceptions, for instance, the statute of limitations begins to count when minors turn 18 years old. This also includes cases where the medical malpractice was not discovered until the statute of limitations expired. Moreover, Wyoming filters out frivolous cases by reviewing claims through a pre-suit review panel.

Statute of Limitations for Debt in Wyoming

The debt statute of limitations in Wyoming is the timeframe within which a debt collector may legally pursue a lawsuit against an individual who is delinquent on debt payments. Debt collectors cannot sue an individual over old debt after the statute of limitations expires.

The time frame for medical, credit card, and auto loan debts is ten years. Unpaid debts do not automatically go away, and they may significantly lower an individual’s credit score even when the statute of limitations has expired. Moreover, creditors could continue to attempt to recover the loan. A partial payment or written agreement may restart the clock on the statute of limitations.

Statute of Limitations for Child Abuse and Child Support in Wyoming

Cases involving child abuse in Wyoming may be criminal or civil. The criminal child abuse statute of limitations refers to the time limit within which the state must prosecute an offender for child abuse. This usually leads to incarceration for the offender if the case is successful. In a criminal child abuse case, there is no statute of limitations. This implies that prosecution may be initiated at any time.

The civil child abuse statute of limitations is usually prosecuted by the affected individual and their attorneys in a civil court. Oftentimes, victims of child abuse experience trauma, which may cause them to delay disclosure of the abuse, affecting their ability to seek redress in time. The primary aim of the statute is to seek redress for the victim and ensure that the predator is punished appropriately. The prosecution must begin within eight years of the victim’s 18th birthday.

Per Wyo. Stat. § 14-2-204(e), a case must be filed to enforce child support within 10 years after the child has reached the age of majority. It may also be filed 10 years after the child support obligation is no longer necessary, depending on which incident is later.