Latest News

April 10, 2025 by Will Pemberton

Time is a critical factor in personal injury cases, and every state has strict laws about how long you can wait before taking legal action. This period is known as the statute of limitations.

In many states, you have three years from the date of the accident to file a claim. Other states have a two-year statute of limitations.

However, there are exceptions based on the nature of the accident, who was involved, and the injuries themselves. Missing this deadline can mean losing your right to seek compensation, no matter how serious your injuries are.

Why Statutes of Limitations Exist

The statute of limitations exists to ensure fairness in the legal process. Over time, evidence can disappear, memories can fade, and witnesses can become difficult to locate. These deadlines encourage timely action and help keep legal claims based on fresh, reliable information.

But the complexity of the claims process means the timeline can vary depending on your unique circumstances. Let’s look at a few examples to understand how different types of accidents might affect your claim window.

What Happens if You Miss the Deadline?

Missing the statute of limitations is serious. In most cases, the court will automatically dismiss your case, and the insurance company will have no reason to negotiate. That’s why it’s essential to act quickly—even if you’re still in recovery or unsure about the strength of your claim.

Car Accidents

Car accidents are among the most common sources of personal injury claims. In Wisconsin, you generally have three years to file a lawsuit for auto accident injuries. That might seem like a long time. However, if you’re dealing with insurance negotiations, medical treatments, or a slow recovery, that window can close faster than you think.

It’s also important to note that the insurance claim time limits might be shorter. Many insurance policies require you to notify them of an accident within a few days or weeks. Waiting too long to report an accident can hurt your case, even if you’re still within the three-year legal window.

Nursing Home Abuse

Cases of nursing home abuse or neglect can be emotionally devastating—and legally complex. In Wisconsin, the general statute of limitations for these claims is also three years, but the clock may start ticking from the date the abuse was discovered, not necessarily when it occurred.

That’s why it’s crucial to act quickly if you suspect something is wrong. Prompt action helps protect your loved one and preserves the evidence needed to hold the facility accountable.

Dog Bites

In Wisconsin, dog owners are strictly liable for injuries their pets cause. If you or a loved one is bitten or attacked by a dog, the same three-year rule applies. Note, per Wisconsin Statute § 174.02, the law allows for double damages in some repeat offense situations.

Injuries Involving a Government Entity

If you’re injured due to the negligence of a city or state employee—such as being hit by a government vehicle or tripping on a poorly maintained public sidewalk—special rules apply. You may need to file a formal notice of claim within just 120 days of the accident. Failing to meet this early deadline could prevent you from filing a lawsuit altogether.

Acting Within the Right Time Frame for Accident Claims

You don’t need to know every detail about Wisconsin’s statute of limitations to protect your rights. However, you do need to act within the time allowed.

Personal injury law firms can help you determine how much time you have left. They can also assist with knowing what type of claim you should file, and how best to move forward. Even if you think you’re far from the deadline, the sooner you begin, the stronger your case is likely to be.

Time matters after an accident. Taking action within the right time frame protects your rights and strengthens your case. Waiting too long can mean lost evidence, faded memories, and missed chances for justice. Stand up, speak out, and ensure your voice is heard while the window to act remains open.

April 3, 2025 by Will Pemberton

In Wisconsin, the statute of limitations for wrongful death claims depends on the nature of the case. For general negligence cases, families have three years from the date of death to file a lawsuit. However, if the wrongful death resulted from a motor vehicle accident, the deadline is two years. Missing these deadlines can lead to the court dismissing the case, barring the family from recovering damages.

It is important to understand that exceptions to these rules are rare, and courts strictly enforce filing deadlines. For this reason, families should seek legal guidance as soon as possible after a wrongful death occurs to ensure their rights are protected.

Understanding Wisconsin’s Wrongful Death Statute of Limitations

When a loved one passes away due to the negligence or misconduct of another, Wisconsin law allows surviving family members to seek justice through a wrongful death claim. However, these claims must be filed within a specific period, known as the statute of limitations.

The History and Purpose of Statutes of Limitations

Statutes of limitations have been a fundamental part of legal systems for centuries, originating in ancient Roman law and later influencing English common law.

The primary purpose of these laws is to ensure that legal disputes are resolved within a reasonable timeframe, promoting fairness and efficiency in the judicial system. They serve several key functions:

Preserving Evidence: Over time, evidence can deteriorate, witnesses may forget details, and records can become lost. Statutes of limitations encourage prompt legal action, helping to ensure that cases are built on reliable evidence.
Providing Legal Certainty: Defendants should not be subjected to indefinite legal uncertainty. By establishing clear deadlines, statutes of limitations provide a sense of closure and allow individuals and businesses to move forward.
Encouraging Diligence: These laws incentivize claimants to act promptly in seeking justice, preventing unnecessary delays in the legal process.

Statutes Are There for a Reason

Statutes of limitations play a critical role in the legal system by balancing fairness for both plaintiffs and defendants. In Wisconsin, surviving family members must act within the legally established timeframes to pursue a wrongful death claim. If you believe you have a case, you may want to seek assistance.

At Pemberton Personal Injury Law Firm, we are committed to helping families navigate the complexities of wrongful death claims.

April 1, 2025 by Will Pemberton

Who Will Fight for Them? Will Pemberton Will.

At Pemberton Personal Injury Law Firm, we have always stood for honesty, compassion, and integrity. These values guide every case we take on, every client we support, and every step we take in our pursuit of justice.

Today, we are excited to share an exciting new chapter in our firm’s journey: the launch of our brand and new logo. This transformation is more than just a fresh look, as stated by the firm owner, Will Pemberton:

“Our brand update is a reflection of who we have always been—committed attorneys serving Wisconsin clients during life’s toughest battles. This evolution isn’t just about a new look, it’s about reaffirming our mission: to help, counsel, and protect the injured from corporate greed.”

More Than Just a Fresh Look

We understand that those who come to us for help face some of the most difficult times in their lives. That’s why we have worked hard to create a brand that assists us in communicating our core values.

The updated icon embodies these principles. You’ll notice a wave, or flag-like motion in the aesthetic. This icon has been redesigned to show forward movement that reflects the positive momentum on the injury case that Pemberton will provide, from one recovery phase to another.

While our visual identity is evolving, our roots remain unchanged. So, we want to reiterate that we are still the same firm that prioritizes clients’ well-being and fights tirelessly for the justice they deserve.

Whether they are recovering from an accident or navigating a stressful claims process, we are here to support them throughout their journey. Our goal is to provide personalized legal assistance so clients can focus on what truly matters – their recovery.

Committed to Wisconsin

With offices in Eau Claire, Madison, and Baraboo, we continue to expand our reach and ensure that more individuals across Wisconsin have access to skilled and compassionate legal representation. No matter where you are, you can count on us to provide the same level of care and commitment that has defined our firm for years.

We invite you to explore our brand update by visiting our website and social platforms for a glimpse at how things have changed for the better. Whether you are a past client, a current client, or someone looking for legal representation, we want you to know that we are here for you – just as we have been and always will be.

Thank you for being a part of this journey with us. We are excited about the future and look forward to continuing to fight for justice while demonstrating the important values that define Pemberton Personal Injury Law Firm.

Stay connected with us for more updates, and as always, if you need legal assistance, we are just a call away.

March 30, 2025 by Will Pemberton

March was a busy and exciting month at Pemberton Personal Injury Law Firm! We’re proud to share some key moments and legal insights that shaped the past few weeks.

First, we’re thrilled to announce that Attorney Rhyan Lindley has once again been recognized as a Top 100 Trial Lawyer in Wisconsin by the National Trial Lawyers. This prestigious honor reflects Rhyan’s dedication to advocating for our clients and achieving the best possible outcomes.

We also shared valuable legal guidance on important personal injury topics this month:

Filing a Motorcycle Accident Claim – If you’ve been injured in a motorcycle accident, knowing the right steps to take is crucial. Our latest blog outlines the claims process and how to protect your rights.
Understanding the Statute of Limitations for Injury Claims – Many accident victims wonder how long they have to file an injury claim after a car accident. We break it down in this post to ensure you don’t miss critical deadlines.

Beyond legal advocacy, we also took part in shaping the next generation of lawyers. Attorney Zack Guerin returned to his alma mater, the University of Wisconsin-Whitewater, to speak with prospective law students about the legal field. His insights and experiences offered valuable guidance to those pursuing a future in law.

As we move into April, our team remains committed to standing up for the rights of injury victims across Wisconsin. If you or a loved one need legal support, don’t hesitate to reach out for a free case evaluation.

March 28, 2025 by Will Pemberton

After an accident, dealing with an insurance company can be one of the most stressful parts of the recovery process. When an insurance company makes a settlement offer, it may seem tempting to accept and move on.

However, initial offers are often lower than what you may be entitled to. If you reject an insurance settlement offer, understand that the claims process will continue. You will not automatically be denied compensation because you rejected the offer.

The Negotiation Process After a Rejection

Settlement rejections lead to negotiations, which can follow these steps:

Counteroffer Submission: You or your lawyer may present a counteroffer with a more reasonable amount, backed by evidence. That may include medical bills, lost wage documentation, and expert opinions.
Insurance Response: The insurance adjuster may either accept the counteroffer, provide a revised offer, or request additional documentation.
Further Negotiations: Several rounds of offers and counteroffers may take place before both parties reach an agreement.

Negotiations are a common part of the claims process. Claimants should be prepared to justify their counteroffer with clear documentation.

Why You Might Reject an Insurance Settlement Offer

Insurance companies aim to minimize payouts, and their first offer is often not their best. You might reject a settlement for several reasons:

The offer does not fully cover medical expenses, lost wages, or other damages.
Future medical treatments or complications have not been accounted for.
You believe you deserve compensation for pain and suffering that was not considered.
The offer was made before the full extent of your injuries was understood.

Rejecting an offer does not mean you will not receive compensation. Instead, it signals to the insurance company that you are willing to negotiate for a fairer amount.

Potential Delays and the Risk of a Stalemate

Rejecting an initial settlement can lengthen the claims process. Insurance companies may delay negotiations in hopes that you will accept a lower offer out of frustration. In some cases, they may refuse to budge, leading to a stalemate.

At this point, you may need to decide whether to continue negotiating, pursue alternative dispute resolution (ADR), or consider litigation.

Alternative Dispute Resolution Options

If negotiations stall, ADR methods such as mediation or arbitration may help resolve the dispute without going to court:

Mediation: A neutral third party helps facilitate discussions between you and the insurance company to reach a settlement.
Arbitration: A neutral arbitrator reviews evidence from both sides and makes a legally binding decision on the settlement amount.

The National Association of Insurance Commissioners notes that ADR can often be faster and less costly than litigation. (Source: National Association of Insurance Commissioners)

Filing a Lawsuit

If negotiations fail and ADR is not an option, you may need to file a lawsuit. Litigation involves:

Filing a Complaint: A formal lawsuit is filed against the responsible party (often the insurer) in civil court.
Discovery Process: Both sides exchange evidence, interview witnesses, and build their cases.
Trial or Settlement: Many cases settle before trial, but if not, a judge or jury will determine the final compensation amount.

Note that civil litigation can take months or even years. However, it provides an avenue for claimants to receive fair compensation when negotiations fail.

The Risk of Losing at Trial

While litigation can lead to a higher payout, it also carries risks. If the court rules in favor of the insurance company, you may receive nothing. Additionally, trials involve court fees, expert witness costs, and extended time commitments.

Final Considerations: When to Accept a Settlement

Deciding whether to accept a settlement requires weighing:

The certainty of receiving compensation now vs. the possibility of more later.
The costs of further legal action.
The strength of the evidence supporting your claim.

Claimants should carefully review any settlement agreement to ensure it fully covers their losses before accepting.

What If I Reject a Car Accident Settlement?

If you reject a car accident settlement, negotiations may continue, but if no agreement is reached, your case could proceed to trial. For example, suppose the insurance company offers $20,000, but your damages exceed $50,000.

Rejecting the offer means your attorney may file a lawsuit, gather evidence, and argue your case in court. A judge or jury may award a higher amount—or less. Litigation also extends the timeline and adds legal costs.

Achieving a Fair Resolution

Rejecting an insurance settlement offer is a strategic decision that can lead to better compensation but may also extend the claims process. Whether through negotiation, ADR, or litigation, understanding your rights and options can help you achieve a fair resolution.

For more information regarding your insurance claim, we suggest connecting with an accident attorney.

March 25, 2025 by Will Pemberton

If you’ve been injured in a car accident, one of the most important factors in your claim is the statute of limitations. That is the legal deadline for filing a lawsuit. Failing to file within this timeframe can result in losing your right to seek compensation.

So, for how long after a car accident can you claim for your injury? The statute of limitation varies from state to state. Depending on where you live, you likely have at least two years to file a claim. Some states give upwards of six years to sue for a car accident injury.

Understanding these deadlines can help you take the necessary steps to protect your rights.

Statute of Limitations by State

Wisconsin

In Wisconsin, the statute of limitations for filing a car accident injury lawsuit is three years from the date of the accident. In the case of a wrongful death claim, loved ones have only two years to file a car accident lawsuit. If you fail to file within this period, your claim will likely be dismissed (there are some rare exceptions).

Minnesota

Minnesota law allows victims of car accidents six years to file a personal injury claim. However, if the claim involves a wrongful death case, the statute of limitations is three years from the date of death, provided the death occurred within the six-year period following the accident.

Illinois

Illinois has a two-year statute of limitations for personal injury claims arising from car accidents. The clock starts running from the date of the accident. If a victim does not file within this timeframe, they will generally be barred from seeking compensation.

Other States’ Deadlines

Iowa: Two years from the date of the accident.
Michigan: Three years from the date of the accident.
Indiana: Two years from the date of the accident.
Missouri: Five years from the date of the accident.
North Dakota: Six years from the date of the accident.

It is important to verify your state’s laws, as special circumstances can alter the filing deadline.

Why Do Statutes of Limitations Exist?

Statutes of limitations exist to ensure that legal claims are brought forward within a reasonable timeframe while evidence and witness testimony remain available and reliable. These deadlines also provide defendants with certainty that they will not face a lawsuit indefinitely.

Exceptions to the Statute of Limitations

While these deadlines are generally firm, there are some exceptions:

Minors: In many states, the statute of limitations may not begin until an injured minor turns 18.
Discovery Rule: Some states extend the filing deadline if an injury is not immediately apparent. In these situations, the statute of limitations might start when victims notice the injury instead of the accident date.
Government Entities: If your claim is against a government entity, such as a city bus or state vehicle, you may face much shorter deadlines. Sometimes you have as little as six months to file a notice of claim in those cases.

How the Statute of Limitations Affects Your Claim

If you fail to file your claim within the applicable deadline, you lose your legal right to seek compensation through the court system. This means the at-fault party and their insurer have no legal obligation to compensate you.

Insurance companies are aware of these deadlines and may use delay tactics, hoping that you miss your opportunity to file.

Does Filing an Insurance Claim Extend the Deadline?

No. Filing an insurance claim does not extend the statute of limitations for a lawsuit. Many people believe that if they are negotiating with an insurance company, they can delay filing a legal claim. This is not true. If the negotiations do not result in a settlement and you miss the deadline to sue, you will lose your right to take legal action.

Steps to Take Before the Deadline Expires

To protect your right to compensation, take these steps as soon as possible:

Seek medical attention: Obtain medical records documenting your injuries.
Report the accident: Ensure the accident is reported to the police and, if applicable, to your insurance company.
Gather evidence: Collect photographs, witness statements, and any other relevant documentation.
Consult a legal professional: Attorneys can help you navigate deadlines and legal requirements. They can also ensure you file your claim on time.

Time Is of the Essence for Your Car Injury Compensation

Understanding the time limits for filing a car accident injury claim is vital. Missing the deadline could mean losing your right to your car injury compensation. Every state has different rules, so it’s important to act quickly.

Speaking with a personal injury attorney can help you understand your legal options, gather necessary evidence, and ensure your claim is filed on time. Taking action early can make a big difference in the outcome of your case.

March 17, 2025 by Will Pemberton

THE NATIONAL TRIAL LAWYERS REAFFIRMS RHYAN LINDLEY AS A MEMBER OF THE NTL ‐ CIVIL PLAINTIFF ‐ TOP 100 TRIAL LAWYERS IN WISCONSIN

The National Trial Lawyers proudly announces the re‐selection of Rhyan Lindley, a distinguished member of Pemberton Personal Injury Law Firm, as an NTL ‐ Civil Plaintiff ‐ Top 100 Trial Lawyer in the state of Wisconsin.

The Top 100 distinction is bestowed upon a select group of attorneys who exhibit superior qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense and/or civil plaintiff law. Membership in The National Trial Lawyers Top 100 not only recognizes these legal professionals for their achievements but also offers invaluable legal news, information, and continuing education resources to trial lawyers nationwide.

The National Trial Lawyers Top 100 extends its sincere appreciation to Mr. Lindley for contributing to the organization’s success during a period of remarkable growth.

About The National Trial Lawyers:

The National Trial Lawyers is an invitation‐based organization dedicated to recognizing and promoting excellence in the legal profession. Comprising the top 100 trial lawyers in each state, the organization provides a platform for networking, knowledge‐sharing, and professional development within the legal community. For more information, visit http://thenationaltriallawyers.org/.

March 12, 2025 by Will Pemberton

Motorcycle accidents can result in severe injuries, financial burdens, and emotional distress. Every year, Wisconsin sees thousands of these accidents. Filing a motorcycle accident claim can help you recover damages for medical expenses, lost wages, and pain and suffering. This guide will walk you through the process of filing a claim and what to expect during a motorcycle accident lawsuit.

Step 1: Seek Immediate Medical Attention

Your health and safety should be your top priority after a motorcycle accident. Even if you think your injuries are slight, it’s vital that you seek medical care.

Some motorcycle accident injuries, such as internal bleeding or concussions, may not be immediately apparent. A medical evaluation will also create a record of your injuries. Later, when you file your claim, this will prove to be an important element.

Step 2: Gather Evidence at the Scene

If you are physically able, collecting evidence at the accident scene can significantly strengthen your claim. Important evidence includes:

Photographs of the accident scene, vehicle damage, and your injuries
Contact information of witnesses
Police reports detailing the accident
Insurance and contact details of all parties involved

Step 3: Report the Accident

It is important to report the accident to the appropriate authorities. In most cases, the police will arrive at the scene and file an official accident report.

This document serves as key evidence in your motorcycle accident lawsuit, should your case get to that point.

Step 4: Contact Your Insurance Provider

Reach out to your insurance provider promptly to report the accident. Share precise details, but refrain from making any statements that might be detrimental to your case.

Insurance adjusters may try to minimize your claim, so it’s advisable to consult with a personal injury attorney before giving detailed statements.

Step 5: Consult a Motorcycle Accident Attorney

Navigating the legal complexities of a motorcycle accident claim can be challenging. An experienced personal injury attorney can help you understand your rights and guide you through the process. They will assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary.

Step 6: File a Personal Injury Claim

Your attorney will help you file a claim against the at-fault party’s insurance company. This claim should include details of the accident, your motorcycle accident injuries, medical bills, lost wages, and other damages. The insurance company will review your claim and may offer a settlement.

Step 7: Negotiate a Settlement or Proceed to a Lawsuit

In many cases, insurance companies attempt to settle claims for less than what victims deserve. Your attorney will negotiate on your behalf to secure a fair settlement. If negotiations fail, you may need to file a motorcycle accident lawsuit. During this process, your attorney will present evidence in court to prove liability and the extent of your damages.

Step 8: Receive Compensation

If your claim is successful, you may receive compensation for:

Medical expenses (current and future)
Lost wages and reduced earning capacity
Pain and suffering
Property damage
Other accident-related costs

What Happens If My Claim Goes to Court?

If your motorcycle accident claim goes to court, the process can take several months or even longer, depending on the complexity of your case.

Your attorney will represent you throughout the legal proceedings, presenting evidence, calling witnesses, and arguing your case before a judge or jury.

The opposing party will also have an opportunity to present their defense. The court will evaluate the facts and determine liability. If you win, the court will award compensation based on your damages. However, if the ruling is not in your favor, you may have the option to appeal.

Having a skilled attorney on your side is essential to maximizing your chances of a successful outcome.

What’s Next?

Filing a motorcycle accident claim can be a complex process, but with the right legal guidance, you can improve your chances of receiving fair compensation. If you or a loved one has suffered motorcycle accident injuries, seeking legal assistance can help you navigate your claim efficiently. Contact a personal injury attorney today to discuss your case and protect your rights.

March 6, 2025 by Will Pemberton

There’s nothing like the thrill of riding a motorcycle. The open road stretches ahead, the wind rushes by, and you feel a true sense of adventure. But with that excitement comes responsibility, as motorcyclists face unique risks on the road. Motorcyclists are especially vulnerable to accidents, and for a variety of reasons.

Common causes of motorcycle accidents include:

Left-Turn Collisions
Loss of Control
Speeding
Alcohol Impairment
Fixed Objects
Road Hazards

Motorcycle Accident Causes – Explained

Left-Turn Collisions

One of the most frequent scenarios leading to motorcycle accidents involves other vehicles making left-hand turns. These collisions account for a large number of incidents, which occur when a car turns left in front of an oncoming motorcycle. Intersections are particularly hazardous for motorcyclists due to left turn mishaps.

Loss of Control

Single-vehicle accidents are also common for motorcycles, especially as it relates to loss of control. Factors that lead to loss of control include braking too much, not turning enough, or going too fast on a curve. The Hurt Report is a detailed study on motorcycle safety. It found that rider errors like loss of control caused about two-thirds of single-vehicle accidents.

Speeding

Excessive speed significantly increases the risk of accidents and injury severity. Seem obvious? Well, it continues to be a key reason for many motorcycle crashes. Speeding makes it harder for a rider to react to sudden dangers. It also increases how far it takes to stop.

Alcohol Impairment

Riding a motorcycle while drunk affects your judgment, coordination, and reaction times. This increases the chance of accidents. The National Highway Traffic Safety Administration (NHTSA) reports that alcohol involvement is a significant factor in motorcycle-related fatalities.

Fixed Objects

Collisions with fixed objects, such as guardrails or trees, are particularly deadly for motorcyclists. In 2020, 25% of motorcycles involved in fatal crashes collided with fixed objects, compared to 18% for passenger cars.

Road Hazards

Motorcycles are more vulnerable to road hazards like potholes, uneven pavement, and debris. These irregularities can cause riders to lose control, especially if encountered unexpectedly or at high speeds. The NHTSA emphasizes that environmental factors, including roadway conditions, significantly affect motorcycle safety.

What Percentage of Motorcycle Riders Get in Accidents?

Determining the exact percentage of motorcycle riders involved in accidents is challenging due to varying reporting practices and data limitations. However, motorcycles account for a disproportionate number of traffic fatalities relative to their presence on the road.

According to the National Safety Council, motorcyclists accounted for 14.6% of all traffic fatalities and 3.5% of all injuries in 2022. That is despite the fact that motorcycles make up only 3% of all registered vehicles. They also only account for 0.7% of all vehicle miles traveled in the United States.

What Percent of Motorcycle Accidents Result in Injury or Death?

Motorcycle accidents often result in serious injuries or fatalities due to the lack of protective barriers. The Insurance Institute for Highway Safety reports that motorcycle deaths accounted for 15% of all motor vehicle crash deaths in 2022.

Additionally, the NHTSA estimated that 82,686 motorcyclists were injured in 2021, a 5% increase from the previous year.

Numbers Don’t Lie – Be Safe Out There

These eye-opening statistics highlights the need for attention to safety measures. These include wearing helmets, following speed limits, avoiding alcohol before riding, and road condition awareness. Both motorcyclists and other motorists share the responsibility of ensuring safer roadways.

Practicing safe motorcycling is essential for reducing the risk of accidents and severe injuries. Wearing protective gear, especially a DOT-approved helmet, significantly decreases the chances of fatal head injuries.

Additionally, motorcyclists should undergo safety training courses. Training courses will enhance their riding skills, defensive driving techniques, and hazard awareness. The Wisconsin DOT encourages riders to take motorcycle safety courses, which can also help in obtaining a motorcycle endorsement.

Understanding Motorcycle Laws

Understanding and following motorcycle laws is another critical component of rider safety. Each state has its own regulations regarding helmet use, licensing, and lane-splitting. In Wisconsin, helmets are required only for riders under 18 and those with instructional permits.

However, all motorcyclists must wear eye protection unless their bike has a windshield. Additionally, Wisconsin law prohibits lane-splitting. Lane splitting involves riding between lanes of traffic—a practice that is legal in some other states. Staying informed about these laws helps riders avoid legal issues and enhances overall road safety.

(608) 448-6242

How Long After an Accident Do You Have to Make a Claim?