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Time Limits Impacting Your Personal Injury Claim
When you file a lawsuit, you are subject to complicated paperwork with various deadlines. Having an attorney you trust is the best way to ensure that you get all your paperwork done on time, but it is still good to understand your timeline.
Wisconsin’s Statute of Limitations for Personal Injury Suits
“Statute of limitations” is just legal jargon for the deadline to file your lawsuit. In Wisconsin, you have a three-year statute of limitations for personal injury cases.
The Wisconsin Statutes section 893.54 specifies that any case filing for “action to recover damages for injuries to the person” has this three-year deadline. That means any sort of personal injury case, whether it is caused by negligence or intentional tort.
When someone else’s actions cause you harm, whether due to carelessness or intentional act, you have three years after the initial incident report to file your personal injury claim.
In some cases, injuries and other forms of harm are not discovered until after the accident date. If you find out the connection after your accident, there is little flexibility regarding when the “clock” starts. Because this is a tricky subject, it is wise to consult your attorney about how it might affect your case.
Exceptions to the Statute of Limitations
If you miss the statute of limitations, the person you are trying to sue will most likely request that the court throws out the case, and this dismissal will likely be granted.
There are exceptions to the rule. Exceptions to the law are incredibly complex, it is wise to consult your attorney as soon as possible to understand your options best.
In the case of wrongful death due to a motor vehicle accident, the statute of limitations is only two years. There are a few scenarios where the deadline might be extended, however. For example, if someone is under 18, the lawsuit must be filed within two years of the individual reaching 18.
If someone is “mentally ill” due to the injury, they have two years to file their lawsuit once their disability is “removed,” or they reach a state of mental competence. However, the deadline will not be extended for more than five years after the initial incident.
If the person who caused the harm leaves the state after the incident, but before a lawsuit is filed, the clock does not count the period of their absence towards the statute of limitations deadline.
Finding the Right Wisconsin Personal Injury Attorney for You
The Law Offices of Gary S. Greenberg understand how frightening it can be to seek help from a complicated government entity like the legal system. We are here to help you understand your options and offer 24/7 free case reviews.
If you or someone you love has suffered a personal injury case in Milwaukee, don’t hesitate to call us today at 414-271-7007 to see what the Law Offices of Gary S. Greenberg can do for you.