How Long Do I Have to File a Car Accident Claim in Wisconsin?

If you have been injured or lost a loved one in an auto accident in Wisconsin, you need to make sure you file a car accident claim before you run out of time. Serious and fatal car accidents can lead to significant financial and non-financial losses, and filing a timely claim can be essential for managing these losses going forward. 

So, how long do you have to file? 

The answer to this question depends on whether you were injured in a car accident or you need to file a wrongful death claim following the tragic loss of a loved one. Wisconsin has different statutes of limitations for cases involving serious and fatal car accidents. In all cases, however, it is important to take action promptly—and, as we discuss below, you should not wait any longer than necessary to speak with a lawyer about your legal rights. 

Wisconsin’s Statute of Limitations for Personal Injury Claims Involving Car Accidents

As a general rule, car accident victims in Wisconsin have up to three years to file a claim. The statute of limitations for car accident claims runs from the date of the accident—meaning that the clock starts ticking as soon as you get injured in a collision. 

Crucially, Wisconsin’s statute of limitations for car accident claims applies to filing a lawsuit in court (if necessary). This means that filing an insurance claim does not preserve your legal rights. If you are still dealing with the insurance companies when the statute of limitations for your claim expires, you could lose your ability to keep fighting for the compensation you deserve. 

Wisconsin’s Statute of Limitations for Wrongful Death Claims Involving Car Accidents

While car accident victims generally have up to three years to file a claim in Wisconsin, grieving families only have two years to assert their legal rights. This is based on a provision of Wisconsin law that applies specifically in fatal auto accident cases. This may mean that even if you or your loved one survived the wreck, if another person was killed in the wreck, the two-year statute may apply to your claims.

Why You Should Not Wait Any Longer Than Necessary 

Regardless of how long you have to file a claim after a car accident in Wisconsin, you should not wait any longer than necessary to take legal action. Here are just some of the reasons why:

• The Need to Investigate and Preserve Key Evidence – After any type of car accident, it is important to conduct a comprehensive investigation as soon as possible. You need to preserve the available evidence before it disappears, and it is important to talk to any witnesses while the crash is still fresh in their mind. 
• The Need to Protect Yourself From the Insurance Companies’ Tactics – When you have a car accident claim, the insurance companies are not on your side. To the contrary, they will use a variety of tactics to try to make sure they pay as little as possible. Once you hire a lawyer to represent you, your lawyer will be able to deal with the insurance companies on your behalf. 
• The Need to Document Your Recoverable Losses – Whether you have a personal injury claim or a wrongful death claim, it is up to you to prove how much you are entitled to recover. This requires various forms of documentation; and, here too, it is important to start protecting your ability to seek just compensation as soon as possible. 
• The Need to Avoid Costly Mistakes – When you have a car accident claim in Wisconsin, there are several costly mistakes you need to avoid. Once you hire a lawyer to represent you, your lawyer will be able to explain everything you need to know to avoid jeopardizing your claim. 
• Making Sure You Can Start Moving On As Soon As Possible – Finally, the sooner you start the process, the sooner the process will be over. Thus, not only is taking action promptly important for protecting your legal rights, but it is also important for ensuring that dealing with the accident’s aftermath is not more burdensome than necessary. 

Speak with an Experienced Wisconsin Car Accident Attorney for FREE 

If you have been involved in a car accident in Wisconsin, it is important to understand how much time you have to take legal action. Missing a deadline can prevent you from recovering compensation, even if you have a valid claim.

At Studinski Law, LLC, we are here to help you understand where you stand and what steps you should be taking right now. We believe that doing more for our clients leads to better outcomes. That means taking the time to understand your situation, preserving the evidence needed to support your claim, and handling the legal complexities so you do not have to face them on your own.

Call the Wisconsin car accident lawyers at Studinski Law, LLC at (715) 343-2850 today for a FREE case evaluation. We proudly serve clients in Plover and all of Wisconsin.