Pain and Suffering Damages in Wyoming
Pain and suffering is one of the largest components of any personal injury settlement in Wyoming. Under modified comparative fault (51% bar), understanding how these non-economic damages are calculated — and any caps that apply — is essential before accepting any offer.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$10,000 – $48,000
Avg Settlement
4 years
Statute of Limitations
How P&S Damages Are Calculated in Wyoming
Courts and insurance adjusters in Wyoming typically use one of two methods to calculate pain and suffering: the multiplier method (multiply your economic damages by 1.5–5× depending on severity) or the per diem method (assign a daily dollar value for each day you suffered).
Because Wyoming uses Modified comparative fault (51% bar), you can recover pain and suffering only if your fault is below 50% (or 51%), and the award is reduced by your percentage of fault.
⚠️ Wyoming may impose caps on non-economic damages in certain case types (e.g., medical malpractice). Consult an attorney for the current statutory limits.
Factors That Increase P&S Value
Severity & Duration
Permanent injuries, chronic pain, and long recovery periods command higher multipliers.
Impact on Daily Life
Inability to work, loss of hobbies, relationship strain, and depression all support higher awards.
Medical Documentation
Regular doctor visits, therapy records, and specialist notes substantiate your suffering.
Pre-existing Conditions
Wyoming courts apply the "eggshell plaintiff" rule — defendants take you as they find you.
Wyoming Law Overview
Wyoming applies modified comparative fault with a 51% bar. The 4-year statute of limitations is one of the more generous in the country. Wyoming does not require no-fault PIP insurance. Wyoming's energy sector — oil, natural gas, coal, and wind — generates significant workplace injury litigation. Ranch and agricultural accidents, as well as hunting and outdoor recreation injuries, are common claim types in this sparsely populated western state. Wyoming has no general cap on compensatory damages for most personal injury cases. Wyoming courts apply modified comparative fault in product liability and premises liability cases as well as negligence claims. Medical malpractice claims in Wyoming have a 2-year limitation period. Wyoming does not have a statutory Dram Shop Act, but courts have recognized vendor liability in some alcohol-related injury cases under common law principles. Workers' compensation in Wyoming is administered through the Wyoming Department of Workforce Services and provides the exclusive remedy for most on-the-job injuries.