Personal Injury

Personal Injury

The term “personal injury” is a broad term that covers a number of different kinds of physical or emotional injuries which were caused by the wrongful conduct of another person or entity.

I am a personal injury lawyer, and a large part of my practice includes personal injuries suffered by people in car, truck, and motorcycle crashes, and injuries which occur at both public places and private homes. My practice also includes injuries which occur at construction sites, oil and gas fields, and industrial work sites. I generally do not handle Workers’ Compensation cases, but oftentimes people who are receiving Workers’ Compensation benefits also have a valid personal injury claim against the person who was responsible for the injury. I am happy to talk to you about your case, even if you are receiving Workers’ Compensation benefits, and can usually tell if you have a personal injury case in addition to your Workers’ Compensation claim. I do not charge for these consultations.

Wrongful death cases are also personal injury cases, but they are quite different than ordinary injury cases in a number of important ways. Over the years I have handled wrongful death cases resulting from motor vehicle crashes, truck accidents, motorcycle crashes, construction, oil and gas, and industrial work sites which resulted in death. I have also handled a number of medical malpractice cases which resulted in death.
I have also been involved in several products liability wrongful death cases where people have been killed by products that were defectively manufactured. These types of cases would also be considered personal injury cases.

If you have any questions about whether you have a personal injury case you can call my office for a free consultation. If your case is not the type of case I usually handle, I can help you find the type of lawyer you need. If you have questions about your case you can look on this website in the practice area section for the type of injury involved. You may also look for information about your case in the Casper Journal articles I have written. If you don’t find the information you are looking for you can call my office. I would be happy to talk to you about your case.

Car/ Motorcycle Accidents

Each year, thousands of people are injured in car or motorcycle accidents in Wyoming. An automobile crash can be a traumatizing experience, but coping with the aftermath is an often complicated, frustrating and expensive process — particularly when dealing with the insurance companies who represent the negligent driver. If you have been involved in an automobile or motorcycle accident, it is important to know your rights and follow proper procedure. These are some of the most common personal injury cases.

Truck Accidents

Truck accidents are a huge problem in the State of Wyoming. Whether the cause is dangerous road conditions or the truck driver taking unwarranted risks, the result is death or injury for the other driver 97% of the time. Fortunately, more responsibility for the accident is placed on the truck driver because their vehicles are inherently dangerous; unfortunately, trucking company insurance providers can be very aggressive in defending their clients. Both the Federal Motor Carrier Safety Act and Wyoming State Law control how commercial vehicles are to be operated, and there are a number of restrictions placed on commercial drivers that do not apply to the general public. If you or a loved one have been involved in a trucking accident, it is important to have a lawyer familiar with these kinds of accidents representing your interests. Usually, the insurance company for the trucker will be out at the accident scene within hours of a serious crash. If you have been injured in a truck crash you should contact a lawyer with knowledge of these cases.

Oilfield, Mining and Construction Accidents

People who are injured in these areas are generally working at the time of the injury. Under Wyoming law, employers are immune from suit under the Wyoming Workers' Compensation laws. The injured person cannot sue his employer, and can only sue co-employees who intentionally tried to hurt them. However, an injured person can sue other people or companies who may have caused the injury. Lawsuits of this sort require a thorough knowledge of OSHA rules and the Rules and Regulations of the Wyoming Oil and Gas Commission. One of the biggest issues in these cases is the timely preservation of available evidence. We have had cases where a person was injured and the company responsible for the injury destroys or loses the evidence. In construction sites the area where an injury occurred will usually be changed within hours of an injury. Documenting the injury location and conditions is vital to preserving a personal injury case. If you have been injured at a mine, construction site or oil production site, contact a lawyer immediately.

Wrongful Death

Wyoming law allows compensation for the next of kin where the victim’s death was caused by a wrongful act, neglect or default of another person or entity.  These cases are quite different than other personal injury cases in several important ways.  First, in determining the amount of compensation for a wrongful death, the court will consider several factors, including future earnings and the number of people who might have a claim to the deceased’s estate.  The amount of available insurance is also a primary concern in these cases.  If the person causing the death is not insured, or has insufficient insurance there may not be much you can do to get full compensation.  In Wyoming Wrongful Death cases, the case must be filed within 2 years of the death, so if a loved one has been killed by the wrongful conduct of another person or company you must act quickly to avoid losing your right to sue.  We have handled most kinds of wrongful death cases at the Whitaker Law Office including death caused by medical malpractice, commercial trucking companies, defective products, automobile and motorcycle wrecks and work related negligence.