While most auto accident claims are settled through negotiation, some victims may need to file a lawsuit to have a shot at successfully recovering damages for their losses. Should this happen, the victim would then be bound by Wisconsin’s statute of limitations. What are these laws, how can they impact your right to pursue compensation after a crash, and how can an experienced personal injury attorney protect your rights during a claim? The following information explains.
When is Litigation of a Claim is Necessary?
No one likes to file a lawsuit; the process is arduous, complex, and emotionally draining. However, there are circumstances in which this avenue is the most appropriate for a claim. For example, a victim who has had their claim wrongfully denied, or if the insurance company is refusing to pay a portion of their damages, they might need to take the case to litigation. Cases in which punitive damages may be owed may be best pursued through litigation as well.
Wisconsin’s Statute of Limitations on Auto Accident Claims
The statute of limitations law restricts the time in which you may file suit against a negligent party. Filing after its expiration may (and usually does) result in a complete dismissal of the case. As such, it is crucial that victims understand Wisconsin’s statute of limitations on auto accident claims and how it may impact their case.
Regarding personal injury, property loss, and other damages, victims have up to three years to file suit. Time usually starts on the date of the accident, but if a victim’s injuries are not immediately discovered (and could not reasonably be), the time starts on the date of the injury’s discovery. In wrongful death claims – those in which a loved one is killed by the negligence of another party – surviving family members have up to two years to file a claim; time typically starts on the date of the victim’s death.
To protect your right to pursue full and fair compensation, it is recommended that you seek the assistance of an experienced attorney, even if you expect your case to settle. Wait until your claim is denied, or until problems arise, and it could jeopardize your case and its outcome.
Contact Our Green Bay Auto Accident Lawyers
At Herrling Clark Law Firm, we protect the rights of auto accident victims, and that includes their right to pursue full and fair compensation for their losses. Dedicated and experienced, our Green Bay auto accident lawyers can fight for you. Schedule your free and personalized consultation by calling 920-739-7366 today.