How Long Do I Have To File a Personal Injury Lawsuit in Wisconsin?

There are hundreds of questions to have after an accident, but usually how long do you have to file a case isn’t very high up on the list. Yet, if you are considering a lawsuit, it is one of the more important answers you need to have. All legal cases from criminal or personal injury are governed by a strict statute of limitations that states that you have only so long to take it to file. After the time limit is exceeded, you case will not be heard, though there are some very rare exceptions. So if you have been hurt in Wisconsin, how long do you have to file a case?

Personal Injury Time Limits in Wisconsin

If you file a personal injury suit immediately after an accident, you won’t ever have to worry about the statue of limitations for it. However, even if you put it off a bit, you will be fine as well because the statute of limitations for personal injury cases in Wisconsin is three years. This means that as long as you begin the filing process within three years from the date of the accident, your case will still be heard.

However, while this deadline is valid in most injury cases, there are a few exceptions. The most common one that can trip people up is personal injury cases that fall within the realm of medical malpractice. While medical malpractice still has the standard three year statute of limitations from when the medical error occurred, it does have a discovery exception. So if you discovered medical malpractice five years after the issue, because you were only just discovering it then, you can still file.

Personal Injury Claims Against the Wisconsin Government

Most personal injury cases take place when you were hurt due to the negligence of another person. However, that is not always the case, sometimes you can sustain injuries that aren’t technically due to the negligence of just one person, but rather a government entity. If you know the standard statute of limitations to file personal injury cases, this is where you can run into some trouble because filing against the government of Wisconsin has a much shorter time limit.

If you were injured due to unsafe conditions or other factors that can be the blame of the municipal or state government, you only have 120 days to decide to pursue a personal injury lawsuit. This does not mean you need to file a claim within that time limit, but rather you need to provide formal written notice to whatever government entity you are holding responsible for your injury that you intend to pursue a claim. If you do not provide a written notice within the 120-day time limit, you will not be able to file a personal injury claim in many cases.

Seeking Legal Assistance

The statute of limitation for personal injury cases in Wisconsin is, in general, pretty lenient. However, because of that little loophole for pursuing a case against the government, sometimes things can get a little infuriating. This is why after you have been injured due to the negligence of another, it is important you contact a lawyer right away. Even if you aren’t sure that you will actually pursue a personal injury case, you should get a consultation from a lawyer. They will help you go over the details of your case to see if it is solid as well as advise you on how long you have to make a decision on whether or not you want to pursue it. If you were injured in the Oshkosh, contact us today.