A statute of limitations is a law each state sets up for different categories of crimes or issues. The law sets the maximum amount of time that parties can act on those issues or charge parties for crimes. Each state has its own rules, and in some cases, the statute of limitations can vary between jurisdictions. It is essential to consult an experienced attorney to determine the statute of limitations on your specific scenario to stay within that timeframe.
Key Takeaways:
- Wisconsin law sets strict deadlines for filing personal injury claims.
- Victims generally have three years from the date of injury to take legal action.
- Wrongful death cases have a shorter deadline of two years from the accident.
- Special rules apply for cases involving municipalities (notice required in 120 days) and for minors or mentally incompetent adults (possible extension up to five years).
- Missing the statute of limitations means losing the right to recover damages, so consulting an attorney quickly is essential.
What is Wisconsin’s Statute of Limitations for Personal Injury Cases?
In Wisconsin, the statute of limitations for personal injury cases is three years from the date of the incident. This means you have three years to file your claim from the date your injuries occurred. Missing this deadline can result in your case being dismissed by the court, regardless of how strong your claim may be. Even if you have clear evidence of liability and significant damages, the court will typically refuse to hear your case if it’s filed after the three-year deadline has passed.
What are the Exceptions to the Statute of Limitations?
If your case is against a city, county, or other municipal entity, you must notify the government of your injury within 120 days of the incident. If you choose to bring a case against a municipal entity, you are also required to notify them before filing the claim.
The statute of limitations may be extended in the case of a minor or an adult who is deemed mentally incompetent. In some cases, you will have up to five years to file a claim. It is imperative that you speak with an experienced attorney regarding your or your loved one’s case to determine what the statute of limitations is based on your specific case.
What About Wrongful Death Cases?
In the event of wrongful death due to a car accident, the timeline is limited to two years from the date of the accident.
In conclusion, if it is proven that negligence has occurred that led to your injuries or a loved one’s death, you may be eligible for compensation. This compensation can cover medical costs, lost wages, emotional suffering, and more. You and your family have a right to compensation in most cases, and if you miss the deadline, you will miss out on the option to recover your expenses. Don’t let a timeline be why you cannot get your family back to the whole after an accident.
Speak with an experienced Wisconsin personal injury attorney today to determine what your options are and what timelines are imperative to your specific case. They can walk you through the following steps and help you understand what to expect moving forward. Contact our office at (608) 448-6242 to get started.
