Covid-19 Tolling of Statutes of Limitations in Wyoming

Although some states have decided to toll/extend the statute of limitations that would otherwise expire during the COVID-19 pandemic, Wyoming Governor Mark Gordon and the courts have not released any information at this time pertaining to tolling the Wyoming statute of limitations.

What Are The Wyoming Statutes Of Limitations?

Statutes of limitations are time frames placed upon different types of lawsuits that dictate how long someone has to file a claim. These laws can vary from state to state. For instance, in Wyoming, the statute of limitations for negligence/personal injury is four years, whereas in New York the time frame for the same type of claim is only three years.

Negligence / Personal Injury

4 Years Within four (4) years, an action for:
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; Wyo. Stat. Ann. § 1-3-105

Toxic Tort

Within four (4) years, an action for:
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; Wyo. Stat. Ann. § 1-3-105

Wrongful Death

2 Years An action for wrongful death shall be commenced within two (2) years after the death of the decedent. If the decedent’s death involved medical malpractice this limitation period shall be tolled as provided in W.S. 9-2-1518 upon receipt by the director of the medical review panel of a malpractice claim. Wyo. Stat. Ann. § 1-38-102

Medical Malpractice

2 Years A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times:(i) Within two (2) years of the date of the alleged act, error or omission, except that a cause of action may be instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:(A) Not reasonably discoverable within a two (2) year period; or(B) The claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence. Wyo. Stat. Ann. § 1-3-107

Products Liability

4 Years

Within four (4) years, an action for:
(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; Wyo. Stat. Ann. § 1-3-105

Discovery:

Statute of limitations began to run on products liability action against manufacturer of intrauterine contraceptive device when plaintiff knew or reasonably should have known that she had suffered an injury and knew or reasonably should have know, cause of that injury, and where plaintiff’s own uncontroverted testimony showed that in December, 1973, her pregnancy was terminated and that the device was the cause of her injury, the statute began running on that date and claim expired four years later and was therefore barred. Olson v. A.H. Robins Co., Inc., 1985, 696 P.2d 1294

Fraud

4 Years Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:
(iv) Within four (4) years, an action for:
(D) For relief on the ground of fraud. Wyo. Stat. Ann. § 1-3-105

Municipal Liability/Sovereign Immunity

Granted except for wrongful death, personal or property injuries, and certain cases of neglect, however, numerous other restrictions apply.

Discovery Rule

Standard rule applies except see medical malpractice above.

Comparative Negligence

Plaintiff barred unless 50% or less responsible.

Charitable Immunity

Abolished

Disabilities

Actions must be commenced within 3 years of removal of disability (infants’ 18th birthday) with exception of medical malpractice (see above)

Punitive Damages

Willful and wanton conduct. Plaintiff must first prove actual damages. Caps: None

No-Fault Insurance

None

Consumer Fraud Complaint

Wyoming Office of the Attorney General, Consumer Protection Division
http://ag.wyo.gov
(307) 777-7874
(800) 438-5799 (Toll-free hotline)