Time is of the essence if you need compensation after a Wisconsin car accident. Painful injuries, missed time at work, and mounting medical bills can cause immense stress. As you figure out your next steps, it’s crucial to remember that you have a limited amount of time to file a lawsuit against the at-fault driver to recover compensation for your losses. This deadline is called the statute of limitations.
The experienced car accident attorneys at LawtonCates have served the residents of Milwaukee, Madison, and South Central Wisconsin for over 60 years, fighting aggressively to help them recover maximum compensation for their losses. Let us help you take timely legal action after a crash. Here’s what you need to know about the Wisconsin car accident statute of limitations.
What Is the Car Accident Statute of Limitations in Wisconsin?
With limited exceptions, you have three years from the date of a car crash to file a lawsuit against the other driver or other liable party(s) in Wisconsin. If you file suit after the deadline, the courts will most likely dismiss your case, and you will lose your right to seek compensation through the legal system.
Why the Statute of Limitations Matters
When an insurance company won’t pay for your injuries after a collision or makes a lowball settlement offer, a car accident lawsuit may be the only way to recover fair compensation. But if you miss the window for filing suit, you have no leverage over an insurance company. They can ignore your claim or compel you to accept an unfair settlement, knowing you have no leverage to encourage a better offer.
Exceptions to the Statute of Limitations
In some cases, you may have more time to file a lawsuit after a car accident. Some exceptions to Wisconsin’s statutory period for personal injury lawsuits include cases involving:
- Minors – Children under 18 who get injured in car accidents have until two years from their 18th birthday or are legally emancipated to file a lawsuit.
- Mentally incapacitated individuals – If a car accident victim is incapacitated after a collision, the three-year clock doesn’t start running until the court declares them mentally competent.
- Out-of-state defendants – If the person who caused the car crash leaves Wisconsin, the deadline to file extends to when the individual returns to the state.
- Government liability – If a state or local government bears liability for the wreck, special rules apply and you have even less time to file. This is why it’s essential to consult a skilled car accident attorney immediately.
Does the Statute of Limitations Differ for Fatal Car Accidents?
Yes. Wisconsin law has a shorter statute of limitations for car accident claims involving wrongful death. In these cases, the deceased’s personal representative or eligible family members have two years from the date of the victim’s death to take legal action.
Don’t Miss the Wisconsin Car Accident Deadline to File — Get Help From a Car Accident Attorney Now
If the deadline to file a car accident lawsuit in your case is approaching, it’s critical to contact an attorney right away. The Wisconsin car accident lawyers at LawtonCates can take care of filing your claim before the statute of limitations expires and start demanding full and fair compensation for you.
You can get started today. Call or contact us now for a free, no-obligation consultation.
