If you were injured in an accident, you may be entitled to compensation from the responsible party. A party that was negligent and caused the injury is liable for paying all damages associated with the accident, including such things as medical bills, lost wages, and more. It is important to file a lawsuit as soon as possible in order to ensure that the claim is allowed. The law provides timelines to file claims. If you fail to file a lawsuit within the timeframe, the court will not allow it to move forward, and you could lose your chance to get paid for your losses.
Understanding the Statute of Limitations
Lawsuits must be brought in a timely manner. The statute of limitations is a legal deadline to file a claim. The statute of limitations is in place to prevent people from bringing lawsuits years after the incident occurred. When too much time has passed, it can make it difficult for both parties to gather the evidence they need to prove their position. The law sets time limits to file a lawsuit based on the type of claim.
For most claims, the law requires a lawsuit to be filed within three years of the date of the incident. This includes general accidents, such as vehicle crashes and falls. The statute of limitations for a wrongful death claim is 2 years from the date of death. In medical malpractice claims, you have 5 years to file a claim. There is an exception, called the discovery rule, that may allow for the extension of the time you have to file a case.
What is the Discovery Rule in Wisconsin?
The discovery rule extends the time limit to file a lawsuit. Wisconsin law states that the statute of limitations does not begin until an injured person “discovered or reasonably should have discovered their injury and its cause.” This is particularly important in cases where a person may not immediately know that they suffered an injury. The injured party may not know that they were hurt within the standard time frame to file a case. Therefore, the statute of limitations clock does not start until the person realizes that they were injured.
Applicability of the Discovery Rule
The use of the discovery rule is an exception to the standard statute of limitations and is not automatically applied. The injured party must prove that they did not immediately know about the injury or the cause of it, and also must provide proof of when they knew about their injury. The statute of limitations begins when a person should reasonably know that they are hurt. It is not enough just to state that you recently learned of the injury. Instead, you must provide evidence to the court in order to be allowed the exception.
File a Timely Lawsuit
It is always best to try to file a lawsuit within the statute of limitations. However, there are exceptions for those who did not learn of their injury at the time it occurred. A knowledgeable attorney will guide you through the process of filing a lawsuit, including gathering the evidence and documentation necessary to prove your claim. To learn more, contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation with our legal team.