More often than not, accidents involving commercial trucks, big rigs, and semis are catastrophic. The force generated by these massive collisions is enough to create life-altering damages, including severe injury or death, for anyone involved.
Recovering from a truck accident is unique to every situation, but victims of truck accidents caused by carelessness always have the right to pursue compensation for physical, emotional, and financial losses. To recover damages, the court has specific and complex procedures that must be followed.
Navigating the legal complexities of a truck accident in Wyoming and protecting your right to pursue justice is challenging and requires the expertise of an experienced truck accident attorney. This post helps outline some of the important information you need to know when pursuing a truck accident claim to ensure your case is filed correctly and that you receive full compensation.
Directly Following the Incident
What you do directly following a truck accident can be essential to your well-being and your case. Immediately seek medical attention. Many internal injuries are not apparent until hours or days following the accident. Taking the initiative to see a doctor will also provide you with documentation of the accident and any injuries you may have incurred as well as a medical outlook, treatments, and procedures required for recovery. This documentation will be important when determining the damages of your case.
Accident Reporting
If the authorities are not already on the scene, the incident must be reported as quickly as possible. Since Wyoming is considered a shared-liability state, an accident report will be key in determining liability. The truck driver alone may not be considered at complete fault for the accident. Fault may also fall on other parties including parts manufacturers, shipping companies, road construction companies, as well as the injured party.
Wyoming Truck Accident Statute of Limitations
In Wyoming, a person filing a personal injury claim has four years from the time that the injury was sustained to file a lawsuit. If the crash killed a person, the statute of limitations is two years. A statute of limitations does not require that your injury case be completed within four years, but according to Wyoming law, you must file your case within four years from the time the injury occurred. As noted above, the statute of limitations for a wrongful death case is only two years. Waiting too long to bring your case forward can result in Losing your right to justice.
While four years or two years may seem like an extensive amount of time, do not delay contacting an attorney. The sooner you begin working with an experienced attorney, the sooner you will be able to file your claim. Many complexities can arise as an attorney evaluates and researches your case. Evidence may disappear. Connect with an experienced truck accident attorney as soon as possible to ensure your case can be filed within the appropriate statute.
Proving Truck Accident Liability
In a truck accident, the person who filed the lawsuit is responsible for proving the fault of the other party. Commercial trucks that are owned, operated, and built by different companies make it challenging to prove liability due to the possibility of multiple entities involved. A knowledgeable attorney can pinpoint connections, roles, and, responsibilities between drivers, companies, and manufacturers, helping you hold those responsible accountable for their negligence and seek just and complete compensation from the appropriate parties.
Collecting Damages in a Truck Accident Case
In Wyoming, the court or jury can award damages with proof that the negligence of the defendant caused injury or death. In instances of personal injury or wrongful death, the at-fault party can be held financially responsible for a range of damages including:
- Disability and/or disfigurement
- Pain and suffering
- Emotional distress experienced as a result of the injuries and those reasonably probable to be experienced in the future
- Loss of enjoyment of life and any loss of enjoyment of life reasonably probable to be experienced in the future
- Loss of earnings and earning capacity
- Medical expenses
- Caretaking needs
Contact an Experienced Truck Accident Attorney
The earlier you contact an experienced truck accident attorney, the better. An attorney can help you navigate police reports and insurance statements, and help build your lawsuit through in-depth research, investigation, and their network of expert witnesses. Your attorney should have the time and resources to take on your case and deliver the best possible results on your behalf.
The Fitzgerald Law Firm has more than 40 years of experience representing clients who have been involved in truck accidents that resulted in significant disability and/or death. Jim Fitzgerald has been selected to the Academy of Truck Accident Attorneys, a designation reserved for the top 10 truck accident attorneys in each state or region based on excellence in the field. Their proven results show the firm’s ability and resolve to handle complex cases, take those claims to court, and uphold verdicts on appeal.
Contact us today to schedule an assessment of your case, and to learn what legal options are available.