Car Accidents

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:

1. Seek medical attention: Obtain medical records documenting your injuries.
2. Report the accident: Ensure the accident is reported to the police and, if applicable, to your insurance company.
3. Gather evidence: Collect photographs, witness statements, and any other relevant documentation.
4. 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.

Car accidents can lead to many injuries, each with unique financial impacts. Understanding typical settlement details can provide valuable insight for those affected. It’s important to note that settlement figures vary based on factors like injury severity, medical expenses, and lost wages.

Average Settlement Amounts in Wisconsin

In Wisconsin, settlement amounts for car accident injuries can vary significantly. At the time of a recent government study, the average injury settlement amount was around $17,700. Although, that number has risen and is expected to increase significantly in the next couple of years (possibly reaching the $50,000 per person limit).

In general, payouts can range from $5,000 for minor injuries to hundreds of thousands for severe injuries. It all depends on the case. Let’s take a look at the various injury types and what plays a factor in settlements.

Car Accident Settlement Amounts by Injury Type

1. Soft Tissue Injuries (e.g., Whiplash): These injuries often lead to settlements that pay for medical bills and therapy costs. Others may include treatment costs, related economic losses, and suffering.
2. Fractures and Broken Bones: Injuries with fractures can result in larger settlements. This is because they need more health care and longer recovery time. The exact amount will depend on the bone fractured and the complexity of the injury.
3. Brain Injuries: Brain injuries can significantly impact a victim’s quality of life, often resulting in high settlements. The compensation aims to cover extensive medical treatment, rehabilitation, and long-term care costs.
4. Spinal Cord Injuries: Injuries that cause partial or complete paralysis are very serious. The settlement amounts often reflect how deeply these injuries affect the victim’s life. These settlements often cover immediate medical expenses and ongoing care. They can also cover costs for adaptation to daily life changes.
5. Internal Injuries: Damage to internal organs usually requires immediate and ongoing medical care. The influence on the settlement will depend on the extent of the injury.
6. Psychological Distress: Mental distress after a car accident can lead to many challenges. For example, one study found that individuals with psychological distress associated with muscular and skeletal injuries had significantly more timeline issues.

Factors Impacting Settlements

Several factors can influence the settlement amount in a car accident injury case:

• Severity of Injuries: More severe injuries can result in higher settlements due to increased bills and impact on quality of life.
• Medical Expenses: Higher healthcare costs can increase settlement amounts. That may include ongoing treatment and rehabilitation.
• Lost Wages: Injuries often result in loss of work time and income. This is a common damage sought in an injury claim.
• Pain and Suffering: Non-economic damages for physical pain and emotional distress can significantly influence settlement amounts.
• Insurance Policy Limits: The at-fault party’s insurance coverage can cap the maximum settlement amount.

Importance of Evidence in Maximizing Settlements

Strong evidence is critical to maximizing a car accident settlement. Detailed documentation establishes the facts and demonstrates the extent of injuries.

For example, medical records provide influential documentation. That includes proof of treatment, diagnosis, and ongoing care needs. These strengthen a claim’s chance of higher compensation. Additionally, the inclusion of medical professional testimony will show the long-term effects of injuries.

Witness statements are very important. They support the victim’s story, especially when there are disagreements about who is at fault. Cases may also call for testimony from accident reconstruction experts. This is often a means of clarifying who is responsible for the incident.

Furthermore, clear evidence of financial losses, such as pay stubs or tax returns, supports claims for lost wages or diminished earning capacity.

Every case will have its own unique set of evidence. Regardless, by presenting compelling evidence, victims increase their chances of obtaining fair and comprehensive compensation.

Wisconsin Injury Settlement Process

The car accident injury settlement process in Wisconsin typically begins with:

1. Filing a claim with the at-fault driver’s insurance company.
2. Upon claim submission, an adjuster evaluates the case by reviewing evidence. That typically includes police reports, medical records, and witness statements.
3. After assessing damages, the insurance company may present an initial settlement offer.
4. If the victim believes the offer is too low, they will likely hire a car accident lawyer. Then, negotiations will follow.
5. This stage may involve counteroffers supported by documentation, such as proof of lost wages or long-term costs. If negotiations fail to reach a fair resolution, victims may file a personal injury lawsuit.

Wisconsin’s statute of limitations for personal injury claims is generally three years, so acting promptly is crucial. Car accident lawyers will ensure you meet your legal deadlines, they strengthen negotiations, and they help secure fair compensation.

What Next?

Average settlement figures provide an idea of possible compensation. However, each car accident case is unique. Factors like injury severity, medical expenses, and individual situations play crucial roles in determining settlement amounts. Consulting with a personal injury attorney can help navigate the complexities and work towards securing fair compensation.

Whiplash can sometimes cause brain injury, though the situation and extent of the impact matters. For example, a brain injury could occur when a car collision makes the brain move inside the skull.

Studies also show that chronic whiplash-associated disorders (WAD) can change blood flow in the brain, leading to brain-related problems. That includes cognitive and sensory symptoms, like memory problems or dizziness.

Additionally, the mechanical forces involved in whiplash can cause damage to brain tissues. However, these brain-related symptoms are often subtle and may not be immediately apparent. Injured persons will likely need advanced imaging or evaluation.

If you’ve suffered whiplash from a car accident, make sure you seek medical attention immediately. Doctors will treat your injuries and collect important information about your condition. This will help you understand what to do next.

For more information on whiplash and brain injuries, refer to trusted medical sources like the Mayo Clinic or research articles on chronic WAD.

Types of Brain Injuries Seen in Whiplash Victims

Whiplash can coincide with various types of brain injuries due to the forces involved. These include:

1. Concussion (Mild Traumatic Brain Injury): Caused by the brain hitting the inside of the skull due to sudden acceleration and deceleration​.
2. Diffuse Axonal Injury (DAI): Damage to brain cells and their connections, sometimes due to the shearing forces of whiplash. This can disrupt communication between brain regions​.
3. Contusion (Brain Bruising): Localized bruising of brain tissue that can occur when the brain is jostled in the skull​.
4. Cerebral Hypoperfusion: Altered blood flow to certain brain areas, leading to symptoms like dizziness, fatigue, and cognitive issues. This is seen in chronic WAD victims.
5. Post-Concussion Syndrome (PCS): A collection of prolonged symptoms, such as headaches, memory problems, and difficulty concentrating. PCS could last weeks or months after the initial injury​.

These injuries often require advanced imaging and expert evaluation to diagnose and manage effectively. If you suspect a brain injury, it’s crucial to seek medical attention promptly.

Traumatic Brain Injury (TBI) Stats

• Yearly, 2.8 million people in the United States experience TBIs, resulting in 280,000 hospitalizations.
• Motor vehicle crashes, including truck and car accidents, are among the most common causes of brain injuries.
• Globally, TBIs account for $400 billion per year in related costs like medical expenses.
• It’s estimated that nearly half of all concussions go undetected and untreated.

Long-Term Effects of Brain Injuries

TBIs can have significant long-term effects, especially when they go unnoticed. Even mild TBIs, like concussions, can lead to chronic symptoms.

The severity of the long-term impact of a TBI often depends on factors like the injury’s nature, treatment, and prior health problems.

Long-term effects of TBIs may include:

• Memory problems, including difficulty recalling recent events or learning new information
• Mood and personality changes, such as depression, anxiety, or irritability
• Chronic headaches or migraines
• Sleep disturbances, including insomnia or excessive sleepiness
• Difficulty concentrating or multitasking
• Impaired motor skills, which can affect coordination and balance
• Disabilities such as dementia or other neurodegenerative conditions, further emphasizing the importance of early diagnosis and intervention.

What Should I Do If I Think I Have a Brain Injury?

If you think you have a concussion or other type of brain injury, take these steps immediately:

1. Stop all activities that risk further injury, such as sports or physically demanding tasks. Continuing may worsen your condition​
2. Seek medical attention promptly to ensure proper diagnosis and care. A healthcare professional might perform neurological exams or imaging tests to rule out severe brain injuries​
3. Rest both mentally and physically. Limit activities like reading, screen use, or intense concentration. Gradual return to regular activities is advised under medical guidance, at the recommendation of your doctor.​
4. Watch for worsening symptoms, such as repeated vomiting, severe headaches, confusion, or difficulty waking up, which could indicate a more serious condition. In such cases, seek emergency care​

Always follow your healthcare provider’s recommendations and avoid self-diagnosing or self-treating.

Submitting a Brain Injury Claim With Legal Help

A lawyer can assist with a brain injury claim by investigating the incident, gathering medical evidence, consulting experts, and negotiating with insurance companies. They ensure fair compensation for medical bills, lost wages, and pain and suffering. And they do it all while protecting the client’s rights throughout the legal process. We have law offices in Madison, Baraboo, and Eau Claire.

If you were in a car accident that is not your fault, first find a safe place, and then call 911 for help. From there, document everything: exchange information, take photos, and get witness contacts.

You’ll also want to report the accident to your insurance, but avoid admitting fault. Then you should connect with a car accident lawyer to understand your rights and pursue fair compensation for damages.

This blog will expand on these steps so you can have a thorough guide on how everything works. We’ll also cover Wisconsin’s comparative negligence rule, which could affect the amount of compensation you’re due.

What to Do When a Car Accident Isn’t Your Fault

The following is a guide on what to do immediately after the accident. You’ll also find an overview of Wisconsin’s fault laws and how they apply to your case.

1. Immediate Steps to Take

If you’re in an accident that wasn’t your fault, start by ensuring everyone’s safety and follow these essential steps:

• Call 911: Even if injuries appear minor, reporting the accident officially is critical for creating a record. Police and medical responders will document the scene, which can support your case later.
• Exchange Information: Gather contact and insurance details from the other driver, and write down their license plate number.
• Take Photos and Videos: Use your phone to capture the accident scene. Focus on damage to all vehicles, traffic signs, road conditions, skid marks, and any other relevant details. These images can help reconstruct the events leading up to the accident.
• Collect Witness Information: If there are bystanders or other drivers who saw the accident. If you’re able to do so, ask for their names and contact information. Their statements may provide valuable support if fault is disputed.
• Avoid Admitting Fault: Be careful not to say anything that could be interpreted as taking responsibility. Stick to the facts when discussing the incident with the other driver or police.

These steps will help you preserve evidence and protect your rights in the immediate aftermath of an accident.

2. Report the Accident to Your Insurance

In Wisconsin, you need to report all accidents. This includes accidents that cause injury, death, or property damage. If the damage is $1,000 or more, you must inform your insurance provider.

When speaking with your insurance company:

1. Stick to the facts
2. Avoid statements that could be interpreted as admitting fault

Even innocent comments like “I didn’t see them” could cause problems. Your insurance company will assess the situation and work with the other party’s insurer to determine liability.

3. What Is Comparative Negligence? How Does It Apply Here?

Wisconsin applies a comparative negligence rule for car accidents. This rule allows you to recover damages even if you’re partially at fault, as long as your fault is less than 51%. However, your compensation will be reduced by your percentage of fault.

For example, maybe you’re found to be 20% responsible for the accident and your damages amount to $10,000. In that case, you would see a reduction in your compensation by 20% and you would, therefore, only recover $8,000.

This comparative fault rule emphasizes the importance of gathering evidence and presenting a clear account of the accident. If the other party argues that you share fault, your documentation can help counter these claims and minimize your percentage of fault.

4. Disputing Car Accident Fault With Legal Representation

Navigating Wisconsin’s comparative negligence laws can be challenging, especially if fault is in dispute. Consulting a car accident lawyer who understands Wisconsin’s laws can be invaluable. They can help gather evidence, speak with witnesses, and work with accident reconstruction experts to build a strong case for you.

An attorney can also handle communications with insurance adjusters, helping you avoid statements that could jeopardize your compensation. If negotiations don’t yield a fair settlement, your lawyer can represent you in court.

5. Seeking Compensation

If the accident wasn’t your fault or your fault percentage is minimal, you may be eligible to seek compensation for:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering
• Other related costs

Document all accident-related expenses, including medical bills, repair receipts, and records of missed workdays. Your lawyer will use this documentation to negotiate for a settlement that fully covers your losses.

Wisconsin Statute of Limitations for Car Accidents

In Wisconsin, you typically have three years from the date of the accident to file a personal injury lawsuit. While this may seem like a long time, starting the process early increases the chances of gathering reliable evidence and securing fair compensation.

Final Thoughts

If you’re involved in an accident in Wisconsin and it wasn’t your fault, prioritize your health and safety. Then document everything you can, and consider consulting an auto accident lawyer.

Taking these steps can help you navigate the complexities of a car accident claim, allowing you to recover and move forward with the support you need.