So, where does an attorney come into the picture? Well, for starters, some individuals aren’t sure how the claims process is supposed to work and are simply looking for clarification. Others, however, may have already experienced what is like to have your injury claim valued far lower than what your accrued expenses and pain and suffering are worth. Accident lawyers understand the laws surrounding all types of incidents, they know what you are entitled to receive, and most importantly, they will use your personal circumstances to help get you what it is you deserve.
Some Types of Accident Cases Our Lawyers in Wyoming Can Represent
Car accidents, pedestrian-related incidents, motorcycle crashes, slip-and-falls, construction mishaps, and even medical errors are all cases you want our accident attorneys in Wyoming working on. However, another one that may apply to you that we are going to focus on is product liability. When you purchase something from a store or sales representative, you are expected to receive something that isn’t going to harm you or blatantly highlights the risks associated with using or having the product.
Johnson & Johnson, which is a highly recognized company known to supply parents with baby shampoos, lotions, and other products, was sued because their powder containing talc was linked to cases of ovarian cancer according to USA Today. Obviously, this warning wasn’t stated on the packaging and many lawsuits were filed against the major brand that has been around for decades.
That brings us to the different types of product liability claims that exist. Of course, all are going to be different because you may have sustained injuries that vary from someone else that occurred from a different product but there are some categories you want to be aware of.
Types of Product Liability Cases
- Products that were manufactured with a defect and sold- If a product was created with a flaw in it and you sustain injuries because of this, you may have a product liability lawsuit on your hands.
- Defectively Designed Products- If something was made with a defect, not during the manufacturing process, which causes it be dangerous, the company or designer could be held accountable for any injuries a consumer sustains from using it.
- No Warning or Instructions Provided- Nearly every product you buy comes with some sort of warning label or instructions stating the dangers or hazards that could arise from using this product. If these aren’t provided to consumers and they wind up getting hurt, that company could be facing a lawsuit.
To learn more about product liability cases or how our Wyoming accident law firms featured on our site can help you, give us a call today and an agent will gladly begin assisting you.
Wyoming accident lawyers can assist victims who have suffered property loss and injury.
An experienced attorney in Wyoming can assist accident victims with legal action after an accident results in personal injury, property damage, or death. State laws provide for payment, or indemnity when an injured party is not at fault, referred to as “damages. Accident lawyers in Wyoming are familiar with an insurance company’s desire to close out claims quickly, so it is important to schedule a consultation shortly after an accident involving injury and property damage harms. Personal injury firms have valuable resources to support a case by:
- Sending investigators to the accident scene,
- Reviewing police reports, witness testimony and medical records,
- Hiring appropriate financial personnel to make valuations of loss,
- Determining the initial cause of the accident,
- Supporting victim’s rights against aggressive insurance companies,
- Drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to address related expenses that go beyond insurance policy limits.
Damage recovery.
Compensatory damages are an award of money to cover economic losses, injury, and property damage, not including punitive damages. The award is meant to address general and special damages:
- Special economic damages include present and future lost wages, medical bills, future medical care, household expenses and
- General non-economic damages include pain and suffering, mental anguish, and loss of consortium, or companionship.
Punitive damages. Wyoming law allows punitive damages awards that are not capped to punish a defendant for egregiously bad conduct toward a victim and to deter others contemplating similar behavior. The standard in Wyoming is gross negligence, or actual malice, and must be proven in court. Wyoming states that personal injury lawsuits for injuries caused by negligence, or misconduct must be filed within four years from when the injury was sustained, discovered, or should have been discovered through reasonable care, except for wrongful death and medical malpractice cases. A Wyoming injury attorney can inform a claimant of pertinent filing timelines.
Motor vehicle.
Individuals who are injured in a motor vehicle accident in the State of Wyoming may have questions about the laws for property damage and personal injury claims. An experienced attorney can help with the intricacies of a complex accident case that may have criminal components for reckless driving, distracted driving, or DUI, which may affect insurance coverages, degrees of fault and the severity of accident damages toward a timely resolve. Wyoming follows the modified comparative negligence rule with regard to accidents, barring any recovery for parties involved in an accident who are more than 50% responsible for causing injury, otherwise damages will be in proportion to the amount of fault assigned to each driver.
Personal injury.
If a person is hurt because of the actions, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent on proving that the individual, or entity was negligent and caused the injury and owed a duty of care to the victim, and must be filed within the four-year statute of limitations.
Premises liability.
Individuals who are hurt in an accident on someone else’s property may take legal action when it was caused due to poor conditions on the property, including improper maintenance, upkeep, or negative resident interaction on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries depending on the individual policy.
Medical malpractice.
Wyoming medical malpractice actions occur when a person becomes injured while being treated by a licensed healthcare professional. A person must file a medical malpractice claim in Wyoming two years after the injury has occurred, or two years from the time malpractice harm was discovered, but if the harm was discovered in the second year then an additional six months can be added to the timeline. Claims alleging malpractice are filed with the Medical Review Panel (MRP) office, together with a medical information release and a notice is sent by certified mail to the named Health Care Provider and the Wyoming Bar and the Health Care Provider’s licensing authority, requesting a list of twelve (12) potential panel members. If the health care provider does not answer the notice then the claimant can file suit, parties can waive a panel hearing, or a case can go to MRP for a hearing. A qualified medical malpractice attorney can guide victims with case-specific timelines and appropriate actions.
Workers’ compensation.
The Wyoming Workers’ Compensation Commission has a detailed process for individuals who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment causing harm.
Wrongful death.
In Wyoming, a wrongful death representative must file a wrongful death claim within two years from the date of the death caused by the negligent, reckless, or deliberate act of another. Exemplary and pecuniary damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death and the amount recovered shall be divided among the beneficiaries in shares directed by the verdict.
Legal action after an accident.
Wyoming accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.
