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Statute of Limitations

Actions must be filed within two years of the date of the act or omission causing the injury, or within two years of the date the injury was or reasonably should have been discovered

Comparative or contributory negligence

modified comparative negligence, claimant's action is barred only if his contributory fault is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.

Nature of accused's liability

Wyoming has abolished joint liability, each defendant is liable for damages in an amount proportionate to that defendant's fault.

Law of contribution

N/A

Expert testimony standards

Wyoming does not impose special restrictions on expert witness testimony.

Limits on compensation

none

Limits on attorney fees

Up to $1 million, attorney fees are limited to 1/3 for cases which settle within 60 days of being filed and prior to trial, and to 40% for cases which are subsequently settled or go to trial. Attorney fees are limited to 25% for any recovery over $1 million

Collateral Source rule enforced

Under the collateral source rule, a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

Generally state employees enjoy immunity

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability