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Explaining Wisconsin’s Statute of Limitations for Injury Claims
When you are injured in an accident of any kind that was caused by the negligence of another, you have the opportunity to file a personal injury claim against the party responsible for the accident. Doing so may enable you to secure the compensation you need to recover without financial worry.
However, you’ll need to follow some very strict time limits—known as the statute of limitations—in order to bring a claim forward. Failure to act quickly enough can result in your case being thrown out. Read on to learn more about how long you’ll have to file a personal injury claim in Wisconsin.
Different Accidents, Different Time Limits
Generally, the statute of limitations for filing a claim in Wisconsin is three years from the date of the accident or from the diagnosed injury stemming from the accident. However, this can change based on the type of accident you are involved in.
For example, in a medical malpractice case, you would have up to five years from the date of discovery. This is known as the “discovery rule.” Essentially it means that, even if the three-year limitation has passed, you will be able to file your claim and will have up to five years to do so before your case can no longer be heard.
Another instance is when your claim is for wrongful death in a motor vehicle accident. Here, you may have only two years from the date of the decedent’s death to file your claim (depending on the circumstances).
Once your claim has been filed, the state may require parties to enter into mediation, in which we will negotiate with the defendant to see if we are able to come to a reasonable arrangement that will meet your compensatory needs. If we are able to, we will not need to proceed to trial.
Government Liability in Your Claim
When the defendant in your claim is going to be a government body, such as the Wisconsin Department of Transportation, you may have as few as 120 days from the date of the accident to put the agency “on notice” that you’ll be filing a claim. If you do not submit this notice within this time frame, you will not be able to seek damages from the government entity.
Speak with a Milwaukee Personal Injury Lawyer
If you’ve suffered an injury that was due to the careless decisions of someone else, and you believe you have reason to file an injury claim, reach out to an experienced Milwaukee personal injury lawyer at the Law Offices of Gary S. Greenberg today.
We will ensure that you meet the specified deadlines for filing your claim so you can obtain full compensation for your losses. You can reach us via phone at 414-271-7007 or by filling out the contact form at the bottom of this page if you’re ready to schedule your free, no-obligation consultation.