Milwaukee Car Accident LawyerMilwaukee Car Accident Lawyer

If you are injured in a car accident, you have a lot on your mind. From getting the medical treatment you need, you may not have time to think about filing a lawsuit against the party who was responsible for the accident. This is why many accident victims wonder if there is a time limit on filing a lawsuit. The short answer is that there is a time limit, but the specifics of how it works are a little more complicated. Additionally, each state works a little differently, so it is important to speak with a Milwaukee car accident lawyer so you can get information specific to Wisconsin laws.

The Statute of Limitations

The time limit on filing a lawsuit is called the statute of limitations. If the statute of limitations is two years, then the time between the accident and you filing a lawsuit cannot be longer than one year. If you file after this amount of time has passed, then the lawsuit will almost certainly be thrown out. You need to figure out what the statute of limitations for personal injury cases is for your state. It most likely will be two or three years, as this is the most common. However, some states set the statute of limitations at one, four, five, or six years. As a Milwaukee car accident lawyer can explain, the statute of limitations in Wisconsin is three years.

The Exceptions to the Rule

There may be a few exceptions that allow you to file a lawsuit after the statute of limitations has passed. Exceptions are rare, and you should not rely on them anyway. The most common exception is called the discovery rule. Essentially, under the discovery rule, the statute of limitations does not begin until either:

  • The injury is discovered
  • The at-fault party is discovered

Although rare, an injury may not be immediately evident after an accident. If this happens, the statute of limitations does not begin until the injury is discovered. For example, if you are in a car accident and do not realize your wrist has a hairline fracture until four years later, you can still file a lawsuit even if the statute of limitations is three years.

Alternatively, you may not have gotten the other driver’s contact information and are unable to get in contact with them for three years. Once again, you can still file a lawsuit even if the statute of limitations is two years. Your Milwaukee car accident lawyer will know all the exceptions for your state, so it is a good idea to hire a Milwaukee personal injury lawyer and speak with him or her.

You may find yourself with questions about what you should do after being in a car accident and sustaining injuries. Car accidents are extremely common and as day and age and whether you caused a car accident was caused by somebody else you’re going to have questions about what comes next. 

When you’re at the scene of an accident you should check around your physical body and then check people in the other vehicles for any injury. After that if someone needs an ambulance on 911 and lets them know, a 911 operator is also going to send a lease officer to the scene to  write up an accident report.

You need to make sure you are limiting how much you say to the other driver because you do not want to admit fault. It’s okay to make sure that everyone is okay and take photos, but do not apologize or otherwise incriminate yourself for the accident. You should write down what you remember happening, get information from the other driver and their vehicle, and attempt to get your car off of the main roadway. If you have any car accident injuries that you see or feel you should write those down.

And if you have an immediately noticeable injury that may require medical care, you should seek a physician as soon as possible. Even if you do not think that you have any injuries if your client has any sort of damage in your body is going to have damages as well. Just to be safe and ensure that your insurance company cannot claim that you are making an injury, using a check out by a medical professional. If you are not taken to the hospital after an accident then get an appointment with the doctor that specializes in car injuries within a few days of the accident.

Car accidents are going to be a cause of a huge variety of injuries, and almost all people are going to minor injuries from a car accident.

You may experience major injuries however the most common injuries are whiplash, neck pain, back pain, headaches and migraine, injuries to soft tissue, lacerations, broken bones and bruised ribs. In fact one of the most frequently injured areas of the body includes the head, neck, back and spine as well as the wrist, knee and foot. 

The most common minor car accident injuries are referred to as soft tissue damage and this is damage such as bruising and swelling of muscles and tendons due to the impact of the car accident. The most common of these accidents is whiplash and back pain, even though these injuries are considered minor do not let your insurance company convince you that you do not need treatment. You may need months of physical therapy or chiropractic work to either reverse the damage or speed up your recovery.

If you understand what is best for you after a car accident, then you’re in the clear. And of course if you have any questions then you can reach out to a car accident lawyer for clarification. Your car accident lawyer is going to have a lot of experience dealing with insurance companies, which means that in safely assume they’re going to be able to help you.

If you have been injured in a car accident, contact a Milwaukee car accident lawyer from Hickey & Turim, S.C.  to find out what your legal options may be.