When you or someone you love is injured in an accident that was caused by the negligent actions of another party, it’s natural to want to seek compensation for your damages. However, it’s important to remember that there is a statute of limitations in Wisconsin for personal injury claims. This means that you only have a certain amount of time to file your claim or risk losing your right to seek damages altogether. In this article, we’ll explore the statute of limitations for personal injury claims in Wisconsin, the exceptions to the rule, and why it’s important to act quickly if you’ve been injured.
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What is the Statute of Limitations for Personal Injury Claims in Wisconsin?
The statute of limitations for personal injury claims in Wisconsin is three years from the date of the accident or injury. This means that you have three years from the date of the incident to file a lawsuit seeking compensation for your damages. If you do not file your claim within this three-year window, you may lose your right to seek damages altogether.
It’s important to note that the clock starts ticking on the statute of limitations from the date of the accident or injury, not the date you discovered your injury or damage. In some cases, injuries or medical conditions may not become apparent until weeks, months, or even years after an accident. If this is the case, it’s still important to file your claim within the three-year window to avoid losing your right to seek damages.
Why is it Important to Act Quickly After an Accident?
As we mentioned earlier, the statute of limitations for personal injury claims in Wisconsin is three years. However, that does not mean you should wait until the last minute to file your claim. In fact, it’s often in your best interest to act quickly after an accident. Here are a few reasons why:
Evidence Can Disappear or Become More Difficult to Obtain
The longer you wait to file a claim, the harder it may be to gather the evidence needed to support your case. Memories can fade, witnesses may become harder to locate, and physical evidence may become harder to obtain. By acting quickly, you increase the chances of obtaining the evidence necessary to build a strong case for compensation.
Insurance Companies May Try to Settle Quickly
Insurance companies are in the business of making money, and they often try to settle claims quickly and for as little as possible. When you work with an experienced personal injury attorney, they can help you negotiate a fair settlement that covers all your damages, including medical expenses, lost wages, and pain and suffering. By acting quickly, you’ll have more time to build a strong case and negotiate with insurance companies before they start making settlement offers.
You May Need Time to Recover
After an accident, it’s important to focus on your physical and emotional recovery. By filing a claim quickly, you can take steps to secure compensation for your damages and focus on healing without worrying about the financial impact of your injuries.
Exceptions to the Statute of Limitations
In some cases, the statute of limitations may be extended beyond the three-year window. Here are a few exceptions to keep in mind:
Minors
If the person injured in the accident is under the age of 18 at the time of the incident, the statute of limitations does not begin until their 18th birthday. This means they have three years from their 18th birthday to file a claim.
Incapacitated Individuals
If the injured party is deemed incapacitated at the time of the incident, the statute of limitations may be paused until they are no longer incapacitated.
Government Entities
If the negligent party is a government entity, the statute of limitations may be shorter than three years or require additional notice requirements. It’s important to speak with an experienced personal injury attorney if you believe the government may be responsible for your injuries.
Working with an Experienced Personal Injury Attorney
If you or a loved one has been injured in an accident that was caused by the negligent actions of another party, it’s important to act quickly and work with an experienced personal injury attorney. They can help you navigate the legal system, negotiate with insurance companies, and gather the evidence necessary to build a strong case for compensation. Remember, the clock is ticking on the statute of limitations, so don’t wait to take action after an accident.