4 Things To Know About Personal Injury Statute of Limitations
Personal injury cases involve many different types of injuries, but they all must abide by a set of laws that help to define what they are and how they work. They range from accidents, where the injury was not done on purpose, to premeditated or intended response injuries. All personal injury cases have a specific statute of limitations, which will be discussed below.
Types of Personal Injuries
Personal injuries in Wisconsin fall into five broad categories that include:
- Slip and Falls – Negligence – private or public property – the injury results from the owners not cleaning up or maintaining their property to prevent injuries. It can also include a poorly designed building that has the unintended design to cause injuries. – Stairs that are too narrow, doors that are too low, etc.
- Auto Accidents – Applies to drivers and passengers.
- Wrongful deaths – include drunk drivers, and criminal acts, such as murder.
- Medical Malpractice – device failures and negligence from medical professionals.
- Product Liability – injuries caused when products fail, such as burns followed by battery fires, cuts or amputations due to a product breaking, or even death.
The statute of limitations in Wisconsin is three years. – Regardless if the injury was accidental on committed on purpose the victims have three years from the date of the injury to file a lawsuit to recover damages.
Things to Know About Personal Injuries and Statute of Limitations.
If you file your case one day after three years and the court will likely not hear your case. The defendants will file a motion with the court to dismiss the case because the statute of limitations has passed. The court may deny the motion to dismiss if there are extenuating circumstances.
- Exception: – If the injured person is a minor – under the age of 18. Within limits, a minor will have the ability to file a lawsuit once they reach the age of 18 – This is often challenging to get the court to listen, especially if parents have already tried to file a lawsuit.
- Exception: The injured person has a mental illness. – They can file up to two years later. The statute of limitation begins once the illness has subsided, or they gain mental stability where they can make reasonable decisions about their case.
- Exception: – When the injured person lives outside of Wisconsin and returns home before a lawsuit can be filed. The time while the victim is out of state may or may not count as part of the three-year statute of limitations for that cause. It’s a gray area and up to the court.
The exceptions to the statute of limitations in Wisconsin can mean that the victim has extra time to file their case. The help of a personal injury lawyer can make your case more successful. They understand the legal environment around personal injuries and how to file when there are exceptions to the laws.
NGSW&B law firm – Novitzke, Gust, Sempf, Whitley & Bergmanis – offers expert personal injury legal help to victims. They serve the State of Wisconsin and can help you understand your rights under Wisconsin personal injury law. Contact their team of experienced lawyers today if you feel you have a case.