Car accidents are often portrayed as events that are relatively easy to address. Non-lethal injuries beget quick claims and easy payouts from an insurance company. However, in real life, nothing could be further from the truth. Oftentimes, victims and others who have been impacted by an automotive tragedy are concerned with their recovery and getting their life back in order that they believe they have unlimited time to file a claim for injuries, damage, or worse, sustained as a result of a car accident. In Wisconsin, the statute of limitations – that is, the amount of time you have to file a claim from the date of the incident – for a car accident victim depends on the type of injury and can vary based on who caused the injury.
Deadline for Filing A Claim Based on a Car Accident
The Wisconsin statute of limitations for a claim based on a car accident is three years from the date of the accident. This means that any medical, property or other injuries you sustained based on the car accident can be taken to court within three years. It is important to note that this does not mean the claim must be resolved within three years, only that you must file in court within that time period. There are certain types of parties or occurrences detailed below that will change this rule so it is best to be mindful of who you are suing as at fault.
Deadline for Filing A Claim Against the Government
Wisconsin state law allows you only 120 days to file a claim based on a car accident with a state government employee. For example, if a state employee while driving as part of their job rear-ended you, you would need to file this type of claim. In this claim, you would need to detail the time, date, and location of the accident, the description of your injury and any property damage, and the name and title of the government official involved.
The state will then determine whether to pay your claim or deny it. If your claim is denied by the state, you may then file a lawsuit in civil court seeking to obtain damages. However, any lawsuit against the state must first be preceded by a claim filed with the state. Otherwise, it will be denied.
Wrongful Death as a Result of Car Accident
The most tragic outcome of any car accident is a wrongful death which is an irreversible loss of life. Wisconsin law allows certain family members to file a lawsuit within two years of the death in order to recover damages as a result of the lethal injuries sustained in the car accident. Not every family member is eligible to file a wrongful death claim thus the counsel of an experienced wrongful death attorney will help guide you to ensuring your rights and the rights of your family are protected.
Minors and Disabled Individuals Injured as a Result of a Car Accident
Rules regarding the statute of limitations in Wisconsin are different for minors and those who are disabled and anyone who is either should be keen to follow the law. For minors, any minor involved in an accident has up to two years following their 18th birthday to bring a claim for injuries or damage sustained as a result of a car accident. Those who are disabled or have been ruled incompetent by a court, similarly, have up to two years after the disability ceases to bring a claim. Finally, a person with a mental illness or disability has up to five years to bring a claim for injuries or damage sustained from a car accident.
Contact us for help filing your car accident claim
At The Groth Law Firm, we know that any experience with a car accident can be hurtful and potentially traumatic for the victims of the collision. That’s why our office works to ensure that we help you file your claim in a timely and correct manner so you get your fair share. Contact us today at (414) 455-6981 for a free claim evaluation from a Milwaukee auto accident lawyer.