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One of the first questions people ask after an accident is, “How long is this going to take?” Unfortunately, there is no universal timeline for a personal injury case. Some claims resolve in a matter of months, while complicated cases can take a year or longer.
What happens during that time is easier to predict. Most personal injury cases move through several recognizable stages, beginning with medical treatment and an investigation and potentially ending with a settlement or trial.
Here is a closer look at what that process may involve after an accident in Milwaukee, Wisconsin.
Your health comes first after an accident. Some injuries are immediately apparent, while others may become more noticeable in the hours or days that follow. Getting appropriate medical attention also creates records documenting your injuries and treatment.
Depending on the type of accident, useful evidence may include:
You do not need to build an entire legal case in the days after an accident. However, preserving the information available to you can prevent important evidence from being lost.
A personal injury case usually requires more than showing that someone was hurt. The injured person generally must establish why another person or business is legally responsible for the resulting harm.
Depending on the circumstances, an attorney may review accident reports, speak with witnesses, obtain available photographs or video, examine medical records, and identify applicable insurance policies.
Not every personal injury claim should move immediately toward settlement. In many cases, the full effects of an injury are simply not yet known.
Consider someone who suffers a serious knee injury in a car accident. Early medical bills tell only part of the story if doctors later determine that surgery, months of physical therapy, or additional treatment will be necessary.
This does not mean a case must remain on hold until a person has completely recovered. Instead, the goal is to develop enough information to understand how the injury has affected the person’s life and what consequences may remain.
Once there is enough information about the accident and injuries, settlement negotiations may begin.
An attorney may send the insurance company a demand that lays out the facts of the accident, explains the basis for liability, describes the injuries, and documents the compensation being sought. The insurer then has an opportunity to evaluate the claim.
A lawsuit moves the dispute into the court system. That does not necessarily mean the case will end in a courtroom.
Wisconsin generally gives an injured person three years to bring an action for personal injuries under Wis. Stat. § 893.54. However, exceptions and different deadlines can apply in some circumstances. The applicable deadline should therefore be evaluated based on the facts of the particular case.
Once litigation begins, the defendant receives an opportunity to respond to the allegations. The case then proceeds through the court process, which usually includes an important stage known as discovery.
Discovery is the formal process through which the parties exchange and obtain information about the case.
For an injured person, that can mean answering written questions, producing relevant documents, and sitting for a deposition. The defense may request medical records, employment information, photographs, or other evidence related to the claimed damages.
The injured person’s attorney can also seek information from the defense.
Common discovery methods include:
Discovery can last for months, particularly when the injuries are serious, or the case involves several parties. Experts may also become involved to address medical issues, accident reconstruction, future care needs, or lost earning capacity.
A common misconception is that filing a lawsuit means settlement is off the table. In reality, negotiations can continue while a case is pending.
Discovery may even help move negotiations forward. As each side learns more about the evidence, the areas of disagreement can become clearer.
The parties may also participate in mediation. A neutral mediator helps them discuss a possible resolution, but the mediator does not decide who wins or force either side to accept a settlement.
If an agreement is reached, the case can end without a trial.
Only cases that remain unresolved need to proceed to trial.
Before trial, both sides prepare their evidence, witnesses, and arguments. Depending on the case, a judge or jury may then decide disputed questions involving responsibility and damages.
Trials add time to the overall process because they depend partly on the court’s schedule. There may also be hearings and other issues that must be resolved before the trial date arrives.
A scheduled trial does not prevent a later settlement. The parties may continue discussing a resolution even as the trial date approaches.
Waiting for a personal injury case to move forward can be frustrating. Understanding where your case stands and what comes next can make the process less uncertain.
PKSD has over 150 years of combined experience representing injured Wisconsinites. We have recovered more than $500 million for our clients.
If you were injured because of someone else’s negligence, call an experienced Milwaukee personal injury lawyer at PKSD to schedule a free consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
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PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
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