Wyoming Negligence and Personal Injury Questionnaire

State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

N. a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.

For most personal injury cases, including car accidents, dog bites, and other general negligence claims, the statute of limitations is four years from the date of the injury or the date of its discovery.

In some cases, a state's contributory negligence rule will not apply if the defendant (at-fault party) had the ?last clear chance? to avoid causing the accident and failed to act when given a reasonable opportunity to do so.

Wyoming. Modified comparative negligence. Claimant's contributory fault will bar recovery if the claimant's negligence is more than 50 percent of the total fault.

In other words, the state recognizing contributory negligence rule prevents the plaintiff from collecting damages even when they were found to only be 1% negligent. Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.

Negligence thus is most usefully stated as comprised of five, not four, elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which is briefly here explained.

Under contributory negligence, the plaintiff is barred from recovering damages if they are found even partially at fault. On the contrary, under comparative negligence, a plaintiff may still recover damages. However, damages are generally reduced by the percentage of the plaintiff's fault.

Wyoming's "modified comparative fault" rule, which allows for financial recovery only when the claimant was 50 percent or less responsible for causing the accident when compared to the other party (or parties) involved.

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Wyoming Negligence and Personal Injury Questionnaire