What is the Deadline to File a Wisconsin Personal Injury Lawsuit?

A statute of limitations is a time limit for filing a lawsuit. All states have different statutes of limitation for different types of lawsuits. If you do not file a lawsuit before the statutes of limitation expires, then you lose your right to pursue the claim under state law. In the state of Wisconsin, the statute of limitations for a typical personal injury lawsuit is three years. This means that the victim of a personal injury accident must either settle a claim for damages or file a lawsuit in court no later than three years following the date of the accident.

There are exceptions to the statute of limitations in some types of personal injury cases. For instance, if you have a personal injury claim against municipal entity, such as a city or town, you must give the municipal entity written notice of your claim within 120 days of the accident that led to your injuries. Prior to the filing of any personal injury lawsuit against a municipal entity, the victim must provide that entity with a detailed notice of the claim. There also are different statutes of limitation under Wisconsin law for minor and incompetent victims who have suffered personal injuries due to another’s negligence. If an injury victim is under the age of 18 at the time of the accident, the statute of limitations does not expire until two years after the victim turns 18, except for claims against health care providers. Similarly, if a victim’s disability is based on mental illness, the statute of limitations does not expire until two years after the victim is no longer disabled, except that the statute of limitations cannot be extended for more than five years.

Boller & Vaughan are Wisconsin motor vehicle accident lawyers who are devoted to protecting the interests of injury victims, as well as their families. When another driver has acted in such a manner so as to cause you harm, he or she may be responsible for your financial losses. In the case of a personal injury suit, however, there are strict deadlines that you must follow, or you risk losing your right to compensation altogether. Contact our office today to set up your free consultation and learn what legal options we can offer you.


Disclaimer: The personal injury, wrongful death, negligence, automobile accident and/or other legal information offered herein by Boller & Vaughan L.L.C., Madison Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of Wisconsin.
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