Wyoming Civil Statute of Limitations Laws

Under Wyoming law, civil plaintiffs have a time limit to file their claims. This limit, the statute of limitations, is a strict deadline for bringing lawsuits to court. If claimants wait too long, their case gets barred, meaning they can't file it.

The Wyoming Code of Civil Procedure allows plaintiffs to extend or halt the statute. This article covers the Wyoming statute of limitations for civil cases, tort claims, and rules for filing your case.

Understanding Statutes of Limitation

Every state has statutes of limitations that limit the period of time claimants have to bring legal action in a civil case. The time period varies depending on the type of case.

Statutes of limitation ensure that the plaintiff brings a lawsuit while the evidence is available and witness memories are fresh. The limitations periods give plaintiffs time to do their due diligence. They also ensure that defendants don’t have potential lawsuits lingering indefinitely.

Tolling and the Discovery Rule

In the state of Wyoming, an injured party can't file a claim until they reach the age of majority. The law pauses or tolls the statute of limitations until a claimant reaches 18 years of age. Tolling also happens if the claimant is under another legal disability, such as mental disability or incarceration. Once the claimant can file, the statute runs from that date.

The discovery rule means the statute does not start until the plaintiff discovers the injury or could reasonably learn of it. For instance, in some malpractice cases, a victim might not learn of the harm done until more than two years after visiting a physician. The discovery rule allows the personal injury claim to run for two years from the discovery of the injury.

Wyoming Civil Statutes of Limitation

Plaintiffs must bring a claim for the recovery of real property within 10 years of a cause of action (§ 1-3-103). Other Wyoming civil statutes include:

• One year (W.Y. Stat. § 1-3-105): Libel/slander
• Two years (W.Y. Stat. § 1-3-107): Medical malpractice, wrongful death
• Four years (W.Y. Stat. § 1-3-105): Personal injury, fraud, personal property damage, product liability
• Five years (W.Y. Stat. § 1-3-105): Foreign claims, contracts, or judgments
• Eight years (W.Y. Stat. § 1-3-105): Breach of oral contract or collection of rent
• Ten years (W.Y. Stat. § 1-3-105): Breach of written contract, real estate claims, rent and debt collection

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify state laws before making any legal decisions.

Related Articles

• Wyoming Criminal Statute of Limitations Laws
• Is There a Time Limit to File a Lawsuit? What Are Statutes of Limitations?
• Time Limits to File a Defamation Lawsuit: State Statutes of Limitation

Get Legal Advice from a Wyoming Civil Attorney

If you miss the effective date to file your civil action, the law bars you from filing your claim. If you believe you have a valid claim, contact a personal injury attorney near you.