Statute of Limitations for Filing a Wisconsin Car Accident Claim

The aftermath of a car accident can be chaotic. Victims with serious injuries may have difficulty transferring from the hospital to a rehabilitative or home environment. There are medical billing issues, insurance company calls and correspondence, and mounting personal matters on the home front.

Contacting an experienced personal injury attorney to handle any legal matters is important after a car accident. Not only does it take the burden of any insurance matters off of the victim, but it also prevents any chance that the victim will miss the opportunity to file their car accident claim.

What is a Statute of Limitations?

A statute of limitations is a legal deadline or time period to file a personal injury claim. 

Beyond this time, a victim cannot bring a legal action and is barred from any financial recovery for their injuries.

Statutes of limitations vary depending on the victim, injury type, and person or party who caused the injury.

What are the Purposes for Statutes of Limitations?

Statutes of limitations exist to ensure injury claims and lawsuits are filed in a timely manner. Time is vital in an injury claim to preserve evidence.

Evidence is composed of eyewitness recollections and preserved materials. People are fallible. 

Memories fade with time and become unclear. Eyewitnesses may move, die, or forget details. Tangible evidence may be lost, compromised, or destroyed.

Time Limit for Filing a Car Accident Claim

What is the Statute of Limitations for Filing a Wisconsin Car Accident Claim?

The statute of limitations for filing a Wisconsin car accident is three years from the date of the accident. There are some exceptions to this rule.

Important Exceptions to the Three Year Statute of Limitations:

  1. Government entities. Accidents involving the city or county require a claim notice within 120 days of the accident. The state requires notice within 180 days of any accident; 
  2. Minors or the mentally incompetent. Any person who was a minor or mentally incompetent at the time of an accident may qualify for an extension to the statute of limitations. Minors have two years from their 18th birthday to file a claim if no claim was filed previously on their behalf. There is a five year extension available to those who were mentally incompetent at the time of the accident; and
  3. Wrongful death. If a car accident causes someone’s death, there is a two-year statute of limitations to file a wrongful death claim. The two years starts on the date of the accident victim’s death.

Wisconsin’s three year statute of limitations for car accidents applies to every car accident situation. It does not matter if the accident involved another vehicle, a commercial vehicle, a bicyclist, or a pedestrian. 

What is the Statute of Limitations for Property Damage in a Wisconsin Car Accident Claim?

Damage to a vehicle or other type of property in a Wisconsin car accident is also three years.

Learn More About How to File a Wisconsin Car Accident Claim

Never wait to contact an experienced Milwaukee car accident attorney after a car accident. Avoid handling the insurance claims process and the chance of missing any filing deadlines altogether.

Call Mingo & Yankala today for the personalized legal service you deserve. At Mingo & Yankala, we will answer your claim questions and analyze your case at no cost.

We are driven to exceed our clients’ expectations and have recovered millions in compensation for injury victims. Schedule your consultation now at 414-273-7400.