Wyoming applies modified-51 comparative fault with a 4-year personal-injury SOL and no statutory cap.
Wyoming operates modified-51 comparative negligence with a four-year PI limitation window. No statutory cap on non-economic damages.
Wyo. Stat. § 1-3-105
Modified comparative, recovery barred at 51% claimant fault.
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Wyoming law.
Reported Wyoming decisions for each injury type, each with a link to the judgment and to the full injury guide.
On November 29, 2011, Aubri Vahai, 20, was waiting to turn left on Lincolnway in Cheyenne when a pickup towing a trailer hit her, pushing her car about six feet; she was diagnosed with whiplash.
whiplash in Wyoming →On March 3, 2014, a JKC tractor trailer struck the back of Kattie Boline’s car at highway speed on I-80 near Rock Springs; the car spun into the sagebrush.
whiplash in Wyoming →Jerome Stocki was a passenger in a two vehicle collision.
back & spine in Wyoming →On October 20, 2013, Jeremy Hugus was a passenger in a vehicle T-boned by Brandon Reeder’s.
back & spine in Wyoming →The school district stopped using the Metcalf School in Etna in 2008, and a community group sought to turn it into a community center.
head & brain in Wyoming →On January 9, 2017, staff at Lincoln Elementary in Rock Springs laid six inch PVC pipes across a walkway to carry away water that was freezing.
head & brain in Wyoming →On December 17, 2015, Yolanda Varela went to a Santa’s Helpers event at the Rendezvous Center carrying her infant grandson.
fracture in Wyoming →In November 2010 a Big Piney High School teacher demonstrated centripetal force in the gym with a wheeled cart on a 20 foot rope while students took turns riding.
fracture in Wyoming →On December 30, 2020, Anne McNair had a C6-C7 fusion at Star Valley Health.
medical negligence in Wyoming →From October 2013 to March 16, 2016, Dr. Karandikar performed seven surgeries on Merry Candelaria’s spine in Casper, several to fix failing hardware.
medical negligence in Wyoming →On August 23, 2007, Harold Vandre, working for McMurry Ready Mix near Pinedale, was walking the road shoulder when an asphalt paver struck him and dragged him about 150 feet.
workplace in Wyoming →On February 19, 2016, Kenneth Bollinger, a boiler and kiln operator earning $16.50 an hour at a lumber mill in Hulett, injured his left arm.
workplace in Wyoming →Statutes and rulings that come up again and again in Wyoming injury claims, each with its source.
| More than half at fault | A driver found more than 50% at fault recovered nothing, even though the court found $23,180 in damages.Bunning v. Romero (Wyo. 2026) |
|---|---|
| Fault rule | Your fault does not bar recovery “if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors,” and damages are reduced by your share.Wyo. Stat. Ann. § 1-1-109(b), quoted in Bunning v. Romero (Wyo. 2026) |
| Seat belt use | Not wearing a belt is not admissible in any civil action.Wyo. Stat. § 31-5-1402(f); see our seat belt table |
| Saving statute | A plaintiff who voluntarily dismisses a timely suit may refile under the saving statute even after the deadline.Wyo. Stat. Ann. § 1-3-118; Hugus v. Reeder (Wyo. 2022) |
| Nerve damage must be linked | The defense disputed that the crash caused Stocki’s arm nerve damage, and the jury’s award reflected the dispute.Stocki v. Nunn (Wyo. 2015) |
| Deadline to sue | Four years for a personal injury claim; Hugus filed on the last day of that period.Wyo. Stat. Ann. § 1-3-105(a)(iv)(C), cited in Hugus v. Reeder (Wyo. 2022) |
| When a jury must decide | If reasonable minds could differ on breach and cause, summary judgment is improper, even on undisputed facts.Amos v. Lincoln County School District No. 2 (Wyo. 2015) |
| Proof of how the fall happened | A child’s uncertain account of where and how he fell did not create a triable claim against the school district.Miller v. Sweetwater County School District No. 1 (Wyo. 2021) |
How Wyoming compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Wyoming | Modified comparative, 51% bar | 4 years from date of injury |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Utah (UT) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
Common questions about personal injury claims in Wyoming, answered with the relevant statutory references.
This page summarises the Wyoming statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Wyoming. See /methodology, /sources, and /disclaimer.
