Wyoming Personal Injury Statute of Limitations
Statute of limitations, discovery rule, statute of repose, and government claim deadlines in Wyoming.
Personal injury: 4 years §1-3-105
The general personal injury statute of limitations in Wyoming is 4 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.
Four years for personal injury. Wyo. Stat. Ann. § 1-3-105.
Wrongful death: 2 years §1-38-101
Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from date of death.
Medical malpractice deadlines §1-3-107
Medical malpractice claims in Wyoming have specific deadline rules that may differ from the general personal injury statute.
2 years from act, or up to 2 years after discovery where the act was not reasonably discoverable within that period (§1-3-107); no absolute statute of repose. No damages caps for medical malpractice. No mandatory pre-suit requirements.
The discovery rule §1-3-107
Wyoming recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.
This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.
Medical malpractice: 2 years from date of act or omission, or up to 2 years after discovery if the claimant establishes the act, error or omission was not reasonably discoverable within the 2-year period (or was not discovered despite due diligence). Wyo. Stat. Ann. § 1-3-107.
Tolling — when the clock pauses
Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:
- Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
- Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
- Defendant absence from the state — if the defendant leaves Wyoming, the time away may not count toward the limitations period
- Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery
Government claims: shorter notice deadlines §1-39-101 et seq.
Claims against Wyoming government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice within 2 years to the appropriate government agency for State claims (§1-39-113).
Wyoming Governmental Claims Act. Government immunity waived for negligent acts of employees within scope of employment. Damages capped at $250,000 per person and $500,000 per occurrence (§1-39-118).
Summary of Wyoming deadlines
| Claim Type | Deadline in Wyoming | |
|---|---|---|
| General personal injury | 4 years from injury §1-3-105 | |
| Wrongful death | 2 years from date of death §1-38-101 | |
| Medical malpractice | Specific rules apply §1-3-107 | |
| Government claims | Notice required: Written notice within 2 years to the appropriate government agency for State claims (§1-39-113) §1-39-101 et seq. |
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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