How Long Do You Have to File a Claim in a Wyoming Medical Malpractice Lawsuit?
Ragain & Clark December 17, 2021
In most types of legal claims, there is a deadline set by law by which you must file your lawsuit or you will lose all of your rights. These deadlines vary by state and by the type of legal claim that you have. Because the consequences of failing to file your lawsuit within the deadline are so severe, it is vital to understand which deadline applies to your claim. Ultimately, if you think you may have a medical malpractice claim, you should take immediate action and contact a Wyoming medical malpractice lawyer as soon as possible.
The Statute of Limitations on Medical Malpractice Claims in Wyoming
The deadline for filing a lawsuit is referred to in legal terms as the “statute of limitations.” In Wyoming, the statute of limitations for medical malpractice cases is two years from the date that you received the medical treatment that resulted in your harm. This means that you must file your lawsuit within two years of treatment or you will not be able to pursue a claim. That said, you may not necessarily need to file a lawsuit right away depending on how soon the deadline will expire. A Wyoming medical malpractice lawyer can explain your options and discuss how you may want to proceed with your claim.
But What if You Didn’t Know You Were Harmed?
Medical malpractice claims are not always obvious. It is not uncommon for victims to be unaware that they have suffered harm as a result of medical malpractice – their injuries may not be apparent until years after the fact.
In these cases, there is an exception to the two-year statute of limitations. Under Wyoming law, you have two years to file a medical malpractice lawsuit from the date you discovered your injury if one of the following situations applies to your case:
- Your condition was not reasonably discoverable within two years of treatment; or
- You did not discover your condition within two years of treatment despite reasonable due diligence.
In addition, you may be entitled to a six-month extension of the deadline if you discovered your condition in the second year of the original two-year period.
However, it is important to know that you will need to prove why the original two-year deadline does not apply to your case. As a result, you should contact a Wyoming medical malpractice lawyer immediately if you have recently discovered that you have suffered harm as a result of medical malpractice.
Don’t Risk Losing Your Claim – Contact a Wyoming Medical Malpractice Lawyer Today
Do not assume that you have plenty of time to pursue your claim – medical malpractice cases are among the most difficult claims to pursue. The sooner you begin building your case, the more likely your claim will be successful. A Wyoming medical malpractice lawyer from Ragain & Clark can evaluate your case and give you the guidance you need. To discuss your case and how we can help, contact us today at 307-388-6400 to schedule a free consultation.