Posted in Personal Injury
Most people assume a single deadline applies to every personal injury claim in Wisconsin. In reality, the filing window can shrink by an entire year depending on whether an accident resulted in death, and specifically whether a motor vehicle was involved.
The General Rule For Injury Claims
Under Wisconsin Statute 893.54, a person generally has three years from the date of an injury to file a personal injury lawsuit. This three year window applies broadly, covering car accidents, slip and falls, and most other negligence based injury claims.
The Shortened Deadline For Motor Vehicle Deaths
A wrongful death claim arising from an accident involving a motor vehicle carries a shorter, two year deadline running from the date of death rather than three years. This creates an unusual situation where an injury that results in death from a car crash gets less time to file suit than an injury from the same crash that does not prove fatal.
Why Wrongful Death Claims Not Involving A Vehicle Differ
A wrongful death claim that does not arise from a motor vehicle accident still generally follows the standard three year window, measured from the date of death rather than the date of the underlying injury. Hickey & Turim, S.C. walks through this distinction carefully with every wrongful death client, since the difference is easy to miss. This distinction means the type of incident, not just the fact that death occurred, determines which deadline actually applies.
When The Discovery Rule Can Extend This Deadline
Wisconsin’s discovery rule can delay when the filing clock starts in situations where an injury was not immediately apparent. The deadline generally begins running once a person discovers, or reasonably should have discovered, that a wrong was committed by an identifiable party, rather than automatically starting on the date of the underlying incident itself.
Why Claims Against Government Entities Move Faster
Claims involving a Wisconsin municipality or its employees carry a much shorter initial deadline. Written notice describing the circumstances of the claim generally must be served within 120 days of the incident, and a formal itemized statement of relief sought must also be provided before a lawsuit can proceed.
What Records Help Establish The Correct Deadline
Because the applicable deadline depends on several specific factors, gathering the right documentation early helps confirm which rule controls:
- The exact date of the accident and, if applicable, the date of death
- Whether a motor vehicle was involved in causing the death
- Records showing when an injury or its cause was first discovered, if not immediately apparent
- Documentation of whether a government entity or employee was involved
Applying This Rule To A Waukesha Case
Because the difference between a two year and three year deadline can determine whether a valid claim can still be filed, confirming which rule applies as early as possible matters considerably. A Waukesha personal injury lawyer can review the specific facts of an accident to identify the correct filing deadline.
Why Acting Early Matters Beyond The Deadline Itself
Even with three years generally available, waiting narrows the window to gather strong evidence, since witness memories fade and physical evidence like skid marks or surveillance footage tends to disappear quickly. A Waukesha personal injury lawyer can help preserve key evidence well before any filing deadline actually arrives.
The gap between two years and three years can be the difference between a valid claim and one that gets dismissed before it is ever heard. If you are dealing with an injury or a wrongful death in Waukesha and are unsure which deadline applies, reach out to our office to go over the specifics of what happened.
