Time is not on your side after a car accident in Wisconsin. While you’re focused on recovering from your injuries and getting your life back on track, the legal clock is ticking toward a deadline that could prevent you from seeking compensation for your injuries.
Wisconsin’s statute of limitations creates a strict timeframe within which you must file a personal injury lawsuit. Missing this deadline, even by a single day, can result in the permanent loss of your right to recover damages, regardless of how strong your case might be.
Consulting with a knowledgeable Milwaukee car accident lawyer as soon as possible can help ensure your claim is filed correctly and on time, protecting your right to pursue the compensation you deserve.
Wisconsin’s Filing Deadlines for Car Accident Claims
Statutes of limitations serve several important legal purposes. They encourage plaintiffs to file their claims while evidence is still fresh and witnesses’ memories are clear, they protect defendants from indefinite legal exposure, and they promote the efficient resolution of legal disputes.
In Wisconsin, the statute of limitations for personal injury lawsuits—including car accident claims—is three years from the date of the injury. However, when a car accident results in death, the rules become more stringent.
If someone dies as a direct result of injuries sustained in an auto accident, their family has only two years from the date of death to file a wrongful death lawsuit.
Exceptions That May Extend Your Filing Deadline
While Wisconsin’s statute of limitations is generally strict, certain circumstances can pause or extend these deadlines. These exceptions primarily apply to people who are unable to manage their own affairs under the law.
If you are under 18 years old when the accident occurs, you have two years from either your 18th birthday or legal emancipation—whichever comes first—to file your lawsuit.
Similarly, if you were mentally ill at the time of your accident, you have two years from the date your mental illness ends to file. However, this extension cannot exceed five years total, regardless of the duration of the mental illness.
Consequences of Missing the Statute of Limitations
If the statute of limitations expires before you can file your lawsuit, the consequences are severe and typically irreversible. Once the deadline passes, you lose your legal right to seek compensation through the court system, regardless of how clear-cut your case might be or how extensive your damages.
This can have a devastating impact on your future. Without the ability to recover compensation through a lawsuit, you will be personally responsible for all accident-related expenses, including ongoing medical treatments, rehabilitation costs, and future surgeries that may be necessary.
If your injuries prevent you from working or limit your earning capacity, you will face years or even decades of reduced income with no legal recourse to recover those losses. This can compromise your recovery and your quality of life.
Preserve Your Right to Compensation—Contact Cannon & Dunphy S.C. Today
Missing the statute of limitations means losing your right to compensation—but Cannon & Dunphy S.C. can help you take action before it is too late.
Our Wisconsin car accident attorneys move quickly to file your claim within the legal time limits while building the strongest possible case for your injuries and losses.
Contact us at (262) 668-8884 immediately for a free consultation and let us protect your claim before time runs out.