I’m Hurt! How Long Do I Have to File a Lawsuit?

McLario, Helm, Bertling, & Spiegel, S.C.

personal injury claimGetting hurt in a personal injury accident can turn your life upside down. When that happens, you might wonder how much time you have to bring a claim. In Wisconsin, if you don’t bring you case in a certain amount of time, you lose your chance to bring the case forever. This time limit is called the statute of limitations.

In Wisconsin, a victim usually has three years from the date of their injury in order to bring a lawsuit against the person that’s responsible. The clock starts ticking on the date that the injury occurs. Other types of cases have different time limitations, but for personal injury cases, a three-year limit applies. If the case is a wrongful death case, the limit might only be two years. A Menomonee Falls personal injury attorney can help you understand what time limitation applies in your case.

You meet the time limitation when you file your case. It doesn’t matter if your case takes longer than the three-year date in order to move through the courts. What matters is that you get your case filed by the deadline. You can work with your Menomonee Falls personal injury attorney to file the case even the day before the statute of limitations runs out.

Even if the time limitation runs out, there are limited opportunities to pursue a case. In some cases, you may not realize you’re hurt until long after the injury occurs. If that’s the case, the statue of limitations allows you to bring your case after the statute of limitations lapses. This is called the discovery rule. If the discovery rule applies in your case, a new time limit applies to the case.

You may also be able to work with a Wisconsin criminal attorney to make a police report and request criminal charges against the responsible person. In most negligence cases, this isn’t an option. However, if someone hurts you intentionally, criminal charges may be a possibility. If you’ve been hurt, the attorneys at McLario Helm Bertling & Spiegel S.C. can help you evaluate how the statute of limitations applies in your case.


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