When an accident happens, you are likely focused on healing and getting your life back on track. However, there is an invisible deadline quietly approaching that could determine whether you will ever receive compensation for your injuries.
Wisconsin law sets strict time limits on when you can take legal action, and missing these deadlines means losing your right to seek justice and financial recovery entirely.
A knowledgeable Milwaukee personal injury lawyer can help ensure your claim is filed on time and protect your rights every step of the way.
Wisconsin’s Filing Deadline for Personal Injury Claims
According to Wis. Stat. § 893.54(1m), there is a three-year statute of limitations for most personal injury claims filed in Wisconsin. This means you have three years from the date of your injury to file a lawsuit in court. The clock typically starts ticking on the day your accident occurs, not when you decide to pursue legal action or when you finish medical treatment.
However, some injuries do not show symptoms right away. In this situation, Wisconsin’s discovery rule can extend your filing deadline. Under this rule, the three-year period begins when you discover your injury or when you reasonably should have discovered it through careful attention to your health.
Certain types of personal injury cases have different deadlines. For example:
- Wrongful death lawsuits also have a three-year statute of limitations, but the clock starts running on the date of death, not the date of the accident.
- If a car accident results in death, wrongful death claims must be filed within two years from the date of death, not three.
- Medical malpractice cases follow more complex rules, requiring you to file within three years of your injury or one year after discovering it. However, these claims cannot be filed more than five years after the negligent act occurred.
Situations That May Affect Your Filing Deadline
Wisconsin has special provisions that extend filing deadlines for legally disabled individuals, including minors and those with mental illness:
- If you were under 18 when injured, you have two years from your 18th birthday or legal emancipation to file your claim. This extension does not apply to medical malpractice cases.
- People experiencing mental illness that prevents them from managing their affairs receive similar protection. They have two years from when their mental illness ends to pursue their claim. However, this extension cannot exceed five years from the original injury date.
How to Preserve Your Right to File a Personal Injury Claim
Personal injury law involves complex statutes, exceptions, and procedural requirements that can trap unwary victims. What seems like a straightforward timeline can become complicated when multiple parties are involved or when your injuries develop over time. It is vital to work with an attorney who can help you navigate the process and build a compelling case.
Additionally, time is your most valuable asset when dealing with a personal injury claim. Evidence disappears, witnesses’ memories fade, and documentation becomes harder to obtain as the months and years pass. Taking prompt action protects not only your legal rights but also strengthens your case.
If you were hurt due to someone else’s actions, do not wait to seek help. Contact a Wisconsin personal injury attorney today to discuss your case and protect your legal rights before time runs out.
Your lawyer will evaluate your situation, identify all potential sources of compensation, and initiate your claim before the applicable deadline.