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Madison car accident lawyer | Boller and Vaughan

How Long Do I Have to File a Car Accident Claim?

If you were injured in a car accident that was someone else’s fault, you must file your claim before you run out of time. If you wait too long to take legal action, you will lose the right to seek the financial compensation you deserve.

At Boller & Vaughan, we help accident victims take legal action as soon as possible. Our Madison car accident lawyers know how important it is to avoid delays and act quickly to ensure your rights are protected.

If you think you may be entitled to financial compensation for a car accident (or you don’t know and want to find out), we strongly recommend scheduling a FREE consultation today. Call Boller & Vaughan at (608) 268-0268 ASAP to explore your legal options and file a car accident claim before time runs out.

Wisconsin’s Statute of Limitations for Car Accident Claims

In Wisconsin (as in other states), the deadline to file a car accident claim is established by a law known as the “statute of limitations.” This law makes it clear that car accident victims only have a limited amount of time to assert their legal rights. If you wait too long, you will be barred from taking legal action once the statutory deadline passes.

In non-fatal car accident cases, Wisconsin’s statute of limitations is three years from the date of the accident: 

[T]he following actions shall be commenced within 3 years or be barred . . . [a]n action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.
Wisconsin Statutes § 893.54

Importantly, if you have a wrongful death claim related to a loved one’s fatal car accident in Wisconsin, the statute of limitations is only two years in this scenario. In wrongful death cases, the statute of limitations generally runs from the date of death.

5 Important Reasons to Take Legal Action Promptly After a Car Accident

As we said above, while you may technically have up to three years to file a claim following a car accident (or two years to file a wrongful death claim), you should not wait any longer than necessary to get started on your claim. Here are five important reasons to take legal action promptly after a car accident in Wisconsin:

1. You Need to Preserve Forensic Evidence at the Accident Scene

Preserving forensic evidence at the scene can be critical for protecting your ability to seek the financial compensation you deserve. This evidence (i.e., tire marks, damaged guardrails or signage, and debris) can disappear quickly, so it is important to conduct an on-scene investigation promptly while the evidence is still available.

2. You May Need to Preserve Other Evidence as Well

Along with forensic evidence from the accident scene, proving your legal rights after a car accident may also require various other forms of evidence. From traffic camera or surveillance camera footage to the other driver’s app data or employment records (if he or she was working at the time of the crash), you may need to preserve various other forms of evidence before it disappears as well.

3. Witnesses’ Memories Can Fade

Eyewitness testimony may be valuable in car accident cases, but only if witnesses can clearly recall what they saw. As a result, talking to witnesses and obtaining their sworn statements promptly after a serious or fatal car accident can also be critical for maximizing your chances of securing a full financial recovery.

4. You Need to Fully Document Your Accident-Related Losses

Along with documenting the cause of the collision, you also need to document your accident-related losses. We encourage you to contact an experienced car accident lawyer promptly after the crash.

In addition to conducting a comprehensive investigation, your lawyer will be able to assist with ensuring that you have all of the medical, employment, and other documentation you need. These documents are essential for accurately calculating the losses you have sustained.

5. The Sooner You Get Started, the Sooner You Can Move On

Finally, the sooner you start the claims process, the sooner you will be able to get on with your life. The costs associated with serious and fatal car accidents can add up quickly, and the non-financial consequences can take a significant toll on your life. By starting the claims process promptly, you will help to maximize your chances of recovering just compensation as quickly as possible.

Get Help Filing a Car Accident Claim in Madison, Wisconsin

Typically, the first step of making a claim for a car accident is to contact the other driver’s insurance company. If the insurer refuses to offer you a settlement, it may be necessary to file a lawsuit and take your case to trial.

Filing a lawsuit satisfies Wisconsin’s statute of limitations, but you may still face a long road to the outcome you deserve. Boller & Vaughan brings unparalleled experience to car accident claims, pursuing compensation for clients via settlement negotiations and (if necessary) in court.

If you need to know more about seeking financial compensation after a car accident in Wisconsin, we strongly encourage you to get in touch. For a FREE, no-obligation consultation with an experienced Madison car accident lawyer, call (608) 268-0268 today.