Sometimes people do not file lawsuits immediately after being injured or after losing a loved one in a tragic accident. There are many reasons why people in this situation may wait to file a lawsuit. Often people affected by tragic accidents have more immediate concerns – like obtaining proper medical care, keeping a job, or planning a loved one’s funeral. Understandably, if you have been injured, filing a lawsuit may not be your initial concern.
It is important to keep in mind Wisconsin’s statute of limitations law. A statute of limitations basically acts as a deadline by which time your case must either be resolved or you must file a lawsuit. If you fail to file your lawsuit within the required period of time, you may be barred from bringing your claims. Statute of limitations laws requires parties to file a claim in a timely manner so that both parties may move forward with their lives in a reasonable amount of time.
If you have been harmed by negligent actions of another, it is important to contact a lawyer as soon as possible to discuss your case and your options for recovering compensation. Our lawyers understand how the statute of limitations is applied to different types of cases, and we can help make sure that you do not miss your opportunity to seek damages.
Generally, you have three years to file a lawsuit against someone if you believe their negligence caused an accident in which you were harmed. However, you should consult with a lawyer immediately for a specific analysis of the statute of limitations in your case. It is also
important to act quickly after being injured since your lawyer will need time to investigate the accident before you file a lawsuit.
Generally, a lawsuit for wrongful death of a loved one must be filed within three years of that person’s death or risk being barred, except if the wrongful death involves a car wreck. If the wrongful death involves a car wreck, the statute of limitations may be reduced to two years, depending upon the date of the wreck. We suggest that you consult with a lawyer immediately for a specific analysis of the statute of limitations in your case.
Generally, state law allows for exclusions or modifications to the statute of limitations where the injured person was a minor when the injury was sustained. This is the case since it is possible that the parents or guardian of an injured child may have decided to not take action. For example, if you were injured when you were 13 years old, but your parents chose to not seek damages, you may have a different opinion when you become an adult. Excluding cases of wrongful death or medical malpractice, a person who was injured as a minor can take up to two years after they turn 18 to file a lawsuit seeking compensation. We suggest that if you have a minor child who was injured that you consult with a lawyer immediately for a specific analysis of the statute of limitations.
It’s not always possible to file a lawsuit immediately when you have been injured. However, statute of limitations laws can result in your case being dismissed simply for having waited too long to file suit. These laws can be confusing since there are so many exceptions which can be debated between opposing parties in a lawsuit. For this reason, and because many cases require significant investigation by the lawyers involved, we strongly urge you to contact your lawyer as soon as possible after you have been injured.
Contact Studinski Law, LLC to speak with a lawyer about your case, and to better understand how the statute of limitations applies to you. Do not hesitate to call us today at (715) 343-2850.
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