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Searching for the right Wisconsin personal injury lawyer? Call us today.
Wisconsin is the land of award-winning cheese, frosty beer, and terribly cold winters. It’s no surprise, then, that slip-and-fall accidents and car crashes are so common in the Badger State. If you’ve fallen on an icy sidewalk or were involved in a pileup on the highway, RP Legal Group wants to help.
RP Legal Group serves clients in Madison, Milwaukee, Green Bay, Duluth, Appleton, and other WI cities. Call us for a free consultation regarding your case.
Take a look at some of our client reviews, then reach out to start the claims process for your case.
What To Know About Filing a Personal Injury Lawsuit in Wisconsin
We recommend hiring an attorney certified by the State Bar of Wisconsin to help file your claim. Wisconsin has many complex personal injury laws; misunderstanding them or missing a filing deadline could torpedo your case.
If you would still like to file your own claim, here’s what you should know.
Wisconsin Filing Deadlines
Wisconsin generally gives you three years from the date of injury or death to file a claim (Chapter 893, § 893.54). Under the state’s discovery rule, you might have more time to file, as the clock starts when you discover or should have reasonably discovered an injury.
Rules for medical malpractice are a little more complicated. You must file within three years of the malpractice or one year of discovering the injury, whichever is later. Regardless of when you found the injury, you can’t sue after five years have passed.
If you intend to file a wrongful death claim for a car accident, you have only two years to do so.
To sue the Wisconsin government, you must file a notice of claim within 120 days of your accident. If the government doesn’t respond, you have six months to sue.
In select cases, the statute of limitations may be paused. Victims who are mentally ill have two years from the date their mental illness ends to sue (the deadline may only be paused for up to five years).
Victims younger than 18 are considered “legally disabled.” They have two years from the date of their 18th birthday or the date of emancipation to make a claim.
Comparative Negligence in Wisconsin
Under Wisconsin’s comparative negligence rules, you can only recover damages if you’re less than 51% at fault. You’re barred from recovering damages if you’re 51% or more at fault.
For example, suppose your car skids on the ice, and you crash into the back of another vehicle that swerved in front of you. If you’d paid more attention, you could have avoided the ice. A court might decide that you’re 40% at fault, meaning you could recover 60% of your damages.
Wisconsin Personal Injury Caps
Like other states, Wisconsin has caps on damages for certain types of cases. They are as follows:
- Wrongful death: “Loss of society and companionship” damages can’t exceed $350,000 for the death of an adult and $500,000 for the death of a minor child.
- Medical malpractice: Non-economic damages for malpractice are capped at $750,000.
- Governmental suits: Damages for claims involving the state may not exceed $250,000. If you’re suing a political subdivision (city, town, etc.), damages are capped at $50,000.
- Punitive damages: Punitive damages are capped at $200,000 or twice your compensatory damages, whichever is greater.
How To File a Claim
For most personal injury claims, you’ll need to locate the appropriate circuit court. Each Wisconsin county has at least one circuit court. Pick the court closest to where the defendant lives/does business or where the accident happened.
If your damages are less than $5,000, you can opt for small claims court instead. Small claims court is less formal than a hearing in circuit court, which is why many plaintiffs prefer this option.
Regardless of where you file, you must make a complaint that includes information regarding:
- Everyone involved in the lawsuit
- Your injuries
- Where, when, and how the injuries occurred
- Why the defendant is responsible
- Your preferred resolution
The fee to file a civil action is $265.50. For small claims, the fee is $94.50.
For a free legal consultation with a Personal Injury lawyer serving Wisconsin, call 888-340-7454
Signs That You Need an Attorney
Don’t know whether you need an attorney for your case? Here’s how to tell:
- You want maximum compensation for your injuries. Generally, accident victims recover more damages by hiring an attorney compared to representing themselves.
- Your claim involves non-economic damages (emotional distress, loss of companionship, etc.). Calculating non-economic damages yourself is very challenging.
- You’ve delayed filing a claim for too long after the accident, and now you’re worried that the statute of limitations is about to end.
- You’re concerned that you might be 51% or more at fault for the accident.
- The insurance company offers a low settlement that doesn’t cover all your damages.
Learn more about our experienced legal team, then call for your free consultation with a Wisconsin personal injury lawyer.
Personal Injury Lawyer Near Me 888-340-7454
Our Practice Areas
We can help you with any type of personal injury case, including:
- Vehicle accidents
- Rideshare accidents
- Premises liability (slips, trips, and falls)
- Dog bites
- Construction accidents
- Medical malpractice
- Wrongful death
Click to contact our personal injury lawyers today
Speak With a Wisconsin Personal Injury Accident Lawyer Now
Ready to discover your legal options? Call RP Legal Group at (888) 340-7454 for your free consultation with a WI personal injury lawyer.
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Frequently Asked Questions
Here, we’ve answered some commonly asked questions about personal injury in Wisconsin.
How Is Comparative Negligence Calculated?
The court will examine all available evidence for your case to calculate negligence. This might include accident reconstruction reports, the police report, pictures of your injuries, doctor’s statements, and witness testimony.
What Are Punitive Damages For?
Punitive damages are meant to punish the defendant for malicious or reckless behavior. Punitive damages usually don’t apply to personal injury cases.
What Is the Statute of Limitations for My Case?
Generally, Wisconsin gives you three years from the date of an accident to sue, but deadlines differ for certain types of cases. Call a Wisconsin personal injury lawyer to learn what the deadline is for your claim.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454