Wyoming Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is strict. No action may be brought unless the itemized claim is presented within 2 years of the date of the alleged act, error or omission (W.S. 1-39-113(a)). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule for your claim.

2. 2

   If the act, error or omission was not reasonably discoverable within 2 years, or was not discovered despite due diligence, the claim is due within 2 years after discovery (1-39-113(a)). One statute covers both State and local claims.

3. 3

   State claims are filed with the General Services Division of the Department of Administration and Information (1-39-113(c)), whose Risk Management Section also receives claims. It asks for the originally signed claim by mail or hand delivery, not fax, and treats it as presented when received.

4. 4

   Claims against any other governmental entity are filed at its business office: the county clerk, the city or town clerk, the secretary of a joint powers board, airport board, public corporation, community college board or special district, the school district superintendent, or the president of the University of Wyoming (1-39-113(c)).

5. 5

   The claim states the time, place and circumstances of the loss or injury, including the public employee's name if known; the name, address and residence of the claimant and any representative or attorney; and the amount of compensation or other relief demanded.

6. 6

   The claim must be signed by the claimant under oath, in substantially the format set out in 1-39-113(e), with a false-swearing certification before a notarial officer. The later complaint must plead the date the claim was filed and compliance with the constitutional signature requirement (1-39-113(d)).

7. 7

   Suit must be commenced within 1 year after the date the claim is filed, not after a denial (W.S. 1-39-114); a minor 7 or younger gets 2 years after the occurrence or until the 8th birthday, whichever is greater. A local government need not act on the claim before suit (1-39-113(c)).

Wyoming Requirements for Notice of Claim

• Two-Year Claim Deadline

  W.S. 1-39-113(a): an itemized written claim within 2 years of the alleged act, error or omission, or within 2 years after discovery if not reasonably discoverable or not discovered despite due diligence.

• State Claim Recipient

  W.S. 1-39-113(c): State claims go to the General Services Division, Department of Administration and Information; its Risk Management Section takes the originally signed claim by mail or hand delivery, not fax.

• Local Business Office

  W.S. 1-39-113(c): file at the entity's business office, such as the county clerk, city or town clerk, board or district secretary, school district superintendent, or University of Wyoming president.

• Sworn and Notarized Claim

  W.S. 1-39-113(e): signed by the claimant under oath in substantially the statutory format, with a false-swearing certification before a notarial officer.

• Suit Within One Year of Filing

  W.S. 1-39-114: suit within 1 year after the claim is filed; for a minor 7 or younger, 2 years after the occurrence or until the 8th birthday, whichever is greater. The complaint pleads the filing date (1-39-113(d)).

• Damages Limits

  W.S. 1-39-118: $250,000 per claimant and $500,000 for all claimants per occurrence, extended to insurance limits; no punitive damages, pre-judgment interest or attorney's fees.

• Amount Demanded

  State the amount of compensation or other relief demanded, itemized, with the time, place and circumstances of the loss and the public employee's name if known.