Are you injured? Was the accident somebody else's fault? If that's the case then you might be able to file a personal injury claim in Wisconsin. However, you might be wondering if there's a time limit for personal injury claims.
The time limit on claims is called the "statute of limitations" and it restricts how long after an accident or incident you can make a claim. So, is there a time limit in Wisconsin, and what should you do about it?
What is the Statute of Limitations for Personal Injury Claims in Wisconsin?
The statute of limitations in Wisconsin is typically three years. This means that you have to file your suit within three years of the date of the accident (not the date an injury becomes apparent), whether you are filing for negligence or intentional tort (this is for assault and the like).
There are two exceptions. First of all, if the injured person is a minor or mentally incompetent, they have two years after they either reach the age of 18 or have their competence restored, with a maximum of five years for mental illness. So if the person is 14 at the time of the accident, they can sue at 18, even though that would be a year past the date.
The second is that if the defendant leaves the state between the accident and the suit being filed, the clock doesn't run while they are out of the state. In most cases, you will still have time when and if they come back. It can be difficult to get somebody to come back from Hawaii, in other words. This, of course, is less than helpful if the person moves and never returns.
What Should You Do?
You need to contact a personal injury lawyer as soon as you become aware of the injury. It can take time to get all the paperwork together to file a suit. Most personal injury cases are settled with the defendant's insurance company, but your lawyer needs the leverage of threatening to "see you in court" to get a decent settlement.
You should also keep all documentation and medical records pertaining to the injury so that your lawyer can make the best case possible for you.
Contact an experienced WISCONSIN LAWYER specializing in Personal injury claims
If you or a family member have been injured in an accident that was somebody else's fault, you need a good personal injury lawyer. Contact Bykhovsky Law to get the best results possible and the compensation and care you deserve.
Contact us today for a free consultation.
