What is the Statute of Limitations for Personal Injury Cases in Wisconsin?
Posted by PKSD Law Firm on Aug 30, 2017 in Personal Injury News
The statute of limitations is the time limit in which a lawsuit must be filed. If this time limit expires, you will lose your right to bring a case against the at-fault party and recover compensation for your pain and suffering.
Our Milwaukee personal injury lawyers can advise you of the deadlines that apply to your case through a free, no obligation consultation. We will also work diligently to help make sure your case is filed on time. However, it is important that you contact us as soon as possible.
Most personal injury lawsuits in Wisconsin must be filed within three years of the date of the injury, per Wis. Stat. § 893.54. This includes the following situations:
- Car accidents
- Slip and fall injuries
- Nursing home abuse
- Truck accidents
- Motorcycle accidents
In Wisconsin, wrongful death cases follow the same three-year statute of limitations as personal injury cases.
However, the time limit is shorter in wrongful death cases resulting from a motor vehicle accident. These cases, you have two years to file a lawsuit.
Like personal injury cases, the statute of limitations begins to run on the date of the injury, in most cases.
If a victim is harmed by a defective product, he or she has three years from the date of the injury to file a claim against the at-fault party.
If the victim was not aware of the injury at the time of the accident, he or she has three years from the date the injury was discovered or should have reasonably been discovered to file a claim.
A claim against a health care provider for medical malpractice must be filed within three years of the date the act of medical negligence occurred.
If the injury was not immediately discovered, the victim has up to one year from the date of discovering the injury to file a claim against the negligent medical professional. However, a victim of medical malpractice cannot file a claim after five years from the date of the injury.
Although this rule is usually definite, there are exceptions if the health care provider fraudulently concealed the malpractice or if the medical malpractice involved leaving a foreign object in the patient.
In these situations, the victim has one year from the date the injury was discovered or should have reasonably been discovered.
Additionally, if the patient is a minor under the age of 10, the lawsuit must be filed by the child’s 10th birthday or within the general time period for medical malpractice claims, whichever date is later.
Claims Against the Government
If you are filing a claim against a government entity or employee, the amount of time you have to take legal action may be limited.
In Wisconsin, you must provide a written notice to the government agency that is liable for your injury within 120 days of the date of the accident.
The notice you provide must include itemized information about your claim that includes:
- The time, place and circumstances of your injury
- Your name and address
- Information about the accident that resulted in your injury
- A specific dollar amount and your reasoning behind reaching the figure.
Tolling the Statute of Limitations
In certain situations, the statute of limitations for a personal injury claim in Wisconsin can be stalled, or tolled, to allow the victim more time to file a claim against the at-fault party.
Personal Injury Claims Involving Minors
In claims involving a minor under the age of 18, the statute of limitations may be tolled until the victim turns 18 years old.
Once the victim reaches this age, the statute of limitations will resume and he or she will have three years to file a claim against the at-fault party.
The Victim is Declared Incompetent
Instances where the victim has been declared mentally incompetent by a court may enable the statute of limitations to be tolled for an extended amount of time.
The statute of limitations will resume only when the court has decided that the victim has regained a level of mental competency in which he or she can understand the terms of filing a civil claim.
Contact a Milwaukee Personal Injury Attorney
If you have been injured in an accident caused by another’s negligence, it is important to contact a personal injury attorney as soon as possible.
Our Milwaukee personal injury attorneys will work to ensure your claim is filed within the statute of limitations to help you receive the compensation you deserve for your pain and suffering.
We will provide you with a free, no-obligation initial consultation to review the circumstances of your accident and determine if you have a case that entitles you to compensation. Our attorneys work only on a contingency fee basis, which means we do not get paid unless you do.
Contact 877-877-2228 for qualified legal help with your claim to get started.