In Wisconsin, you typically have three years from the date of an accident to file a personal injury lawsuit. If you lost a loved one in a fatal auto accident, you will have just two years to file a wrongful death lawsuit. There are additional exceptions to these statutes of limitations depending on the parties involved.
No matter what happened, it’s best to speak with the lawyers at Bye, Goff & Rohde about what happened as soon as possible. Let’s review the statute of limitations for personal injury claims, exceptions to those deadlines, and why you need to seek legal representation sooner rather than later.
If you’ve been seriously hurt, you need serious lawyers on your side who get results. For a free consultation with the attorneys at Bye, Goff & Rohde, call our law firm at (715) 425-8161 or complete an online contact form.
The Statute of Limitations for Personal Injury Claims in Wisconsin
There are different statutes of limitations in Wisconsin depending on the nature of the accident and whether vehicles were involved.
Two-Year Statute of Limitations for Fatal Motor Vehicle Accidents
In the state of Wisconsin, you have two years from the date of a fatal auto collision to file a wrongful death claim.
You generally cannot take legal action once this two-year statute of limitations has passed.
Three-Year Statute of Limitations for Other Injury/Negligence Claims
For all other kinds of injuries and accidents, you have three years to file a personal injury or wrongful death claim in the state of Wisconsin.
You must file your lawsuit within this deadline in order to seek legal action.
Exceptions to These Statutes of Limitations
There are a few exceptions to Wisconsin’s two-year statute of limitations for fatal vehicle accidents and three-year statute of limitations for all other injury claims.
The Discovery Rule
It can take time for some injuries to become apparent or be detected. This is why many states have a discovery rule in place for accidents and injury claims. This means that the statute of limitations begins when the injury is discovered.
Accidents Involving Minors
For accidents and injuries involving minors, a lawsuit must be brought about before the child turns 20 years old (i.e., two years from turning 18). Legal action can be taken by a parent or guardian before then, but a claim cannot be filed after a person injured as a minor turns 20.
Claims Involving the Government
When a government official or a government entity is involved in an accident, you have 120 days to file a written notice of claim. Failure to do so will prevent you from taking legal action even if you have a legitimate case.
Why You Should Speak with a Personal Injury Lawyer ASAP
Speaking with one of our lawyers promptly after an accident has some important benefits. Here’s why you should speak with Bye, Goff & Rohde as soon as possible:
- Learn If You Have a Case: An injury or accident is not a guarantee of a legal claim. By meeting with our personal injury lawyers, you can find out if you have a case and what steps to take next.
- Gather Evidence Before It Degrades: There’s a short window of time to collect certain kinds of evidence before it disappears or deteriorates. By contacting our lawyers ASAP, we can start securing CCTV footage, any available dashcam videos, electronic data related to an accident, medical records, witness statements, and physical evidence.
- Answers to Your Legal Questions: You likely have questions about filing a claim, what documents you need, and how much your case could be worth. When you contact our attorneys, we can get you the answers you need.
- An Advocate in Settlement Negotiations: Many insurance companies will try to lowball their initial settlement offers in order to pay less. Our attorneys can negotiate from a place of strength and help ensure you receive a fair offer that reflects the true value of your claim.
- Representation in Court: Most cases settle out of court, but some may go all the way to trial. This can be a long and drawn-out process. When you contact Bye, Goff & Rohde as soon as possible, it means we can bring your case to a resolution, even if it involves going to court.
- Peace of Mind as You Recover: As your claim progresses, our lawyers can provide updates and get you prompt answers whenever you have concerns. We’ll focus on the deadlines, filings, paperwork, and communication; you can take time to recover and plan for the future.
When you’re ready to share your story, our team is prepared to listen and offer help. Don’t hesitate to contact our law firm today.
How Do I Know If I Have a Valid Personal Injury Claim?
Some people hesitate to seek legal action because they’re not sure they have a valid personal injury claim. These elements should be present in order to hold another party accountable and seek compensation:
- Duty of Care: The other party had a responsibility to act safely. For example, a driver must follow traffic laws, and property owners must keep their premises reasonably safe for guests or customers.
- Breach of Duty: This occurs when the duty of care is not met, such as driving recklessly or failing to fix a known tripping hazard.
- Causation: The unsafe action or inaction must be the direct cause of the injury.
- Damages: The injured person must have suffered actual harm, such as medical bills, lost income, or physical or emotional pain.
As soon as you are hurt, be sure to call Bye, Goff & Rohde at (715) 425-8161 for a free consultation with an attorney. We can review what happened and let you know if you have a valid claim. More importantly, we can make sure to get the process underway within the statute of limitations.
Remember: the sooner you speak with our lawyers, the sooner you can receive the compensation you need to recover.
Types of Personal Injury Cases Our Law Firm Can Handle
As Wisconsin’s personal injury powerhouse, Bye, Goff & Rohde is ready to represent families in all kinds of accident cases. Below is an overview of the kinds of cases our lawyers can handle.
Car Accident Claims
A car wreck can cause serious injuries that may have long-term effects on your life. Serious injuries call for serious lawyers, which is why our firm is ready to back you up and fight for compensation.
Drunk Driving/OWI Accident Claims
When intoxicated driving/OWI accidents happen, the reckless driver could face more than just criminal penalties. Our lawyers can also seek damages to address your medical bills, vehicle repairs, and the lasting effects of your injuries.
Commercial Trucking Accident Claims
A collision with a tractor-trailer can cause catastrophic physical trauma and lasting emotional distress. When you were hit by a big rig or run off the road by a reckless trucker, Bye, Goff & Rohde can help ensure you are properly compensated.
Motorcycle Accident Claims
The injuries sustained in a motorcycle crash can cause long-term or permanent disabilities. Our law firm proudly represents motorcyclists and will fight to seek maximum compensation for your losses.
Bike and Pedestrian Accidents
Cyclists and pedestrians are extremely vulnerable to injuries, particularly if they are children. When bike and pedestrian accidents occur, our attorneys will hold negligent and distracted drivers liable for what happened.
Slip, Trip, and Fall Accidents
Major slip, trip, and fall accidents can lead to broken bones and joints, especially among the elderly. Our lawyers can investigate the causes and contributing factors in a slip and fall accident and hold property owners accountable.
Farm and Agricultural Injuries
Agricultural work is difficult and can result in major injuries. If you were seriously hurt in a farming and ranching accident, our attorneys want to hear from you. We can assess what happened and seek compensation from the parties responsible for your injuries.
On-the-Job Injuries
You may be eligible for more compensation than you expected following a workplace accident. In addition to workers’ comp, you may be able to file a third-party personal injury or wrongful death claim. Our law firm can help determine if this applies to your case.
Why Choose Bye, Goff & Rohde for Your Personal Injury Claim
The people of Wisconsin know that Bye, Goff & Rohde is a personal injury powerhouse. We have a decades-long reputation for advocacy and strong counsel, and we won’t back down against insurance companies, corporations, or other powerful interests.
Serving Wisconsinites Since 1974
Families all over Wisconsin have turned to Bye, Goff & Rohde for help for over 50 years. We’ve been around for decades because we focus on our clients, their lives, their stories, and their futures.
More Than 215 Years of Combined Legal Experience
When you hire our law firm, you’re not just hiring a personal injury attorney—you’re hiring an army. Our lawyers have more than 215 years of combined experience, and we will use that collective knowledge to build a strong case.
A Reputation for Great Legal Results
Our law firm has fought to secure maximum compensation for our clients. We encourage you to view our past verdicts and settlements to get a sense of what we can do for you after a negligent or reckless person has caused you harm.
Clients Don’t Pay Unless We Win
Recovering from a serious injury may involve expensive medical treatments and long-term rehabilitation. To help patients in need, we accept cases on a contingency fee basis. That means clients don’t pay us anything unless and until we can secure a settlement or win damages in court.
Request a Free Consultation with Bye, Goff & Rohde Today
Depending on your accident, you may have as little as 120 days to start taking action. Do not delay. When you are ready to share your story, reach out to the team at Bye, Goff & Rohde. Our attorneys are ready to listen and get results. To request a free case review, call our law firm at (715) 425-8161 or contact us online.