Janesville, Wisconsin Personal Injury Attorney

How much time do you have to file a personal injury claim in Wisconsin? In Wisconsin, the statute of limitations for filing a personal injury claim is typically three years. This period is relatively longer compared to many other states, where the limit can be as short as one or two years. However, certain situations can alter this timeframe, but generally, you have three years to file your claim. What mistakes do people make assuming they have plenty of time to file a claim? Many people delay contacting a lawyer, thinking they have ample time. However, significant preparation is required before filing a claim, such as gathering evidence, ensuring medical bills are handled correctly, and managing medical treatment. Ideally, your case should be trial-ready when the suit is filed. If you approach a lawyer just before the deadline, it becomes challenging to prepare adequately, and some crucial evidence may no longer be retrievable. Does the clock always start running on the date of the accident? Typically, the statute of limitations begins on the accident date, but exceptions exist. The discovery rule applies if you didn't immediately discover your injury or the other party's negligence. This rule often applies in medical malpractice cases, where the injury might be discovered months after surgery. Additionally, for minors, the statute is tolled until they turn 18, allowing them to file a claim as adults. Military service or imprisonment can also toll the statute of limitations. What happens if someone misses the filing deadline? If you miss the statute of limitations, your case is likely lost. Wisconsin law provides little grace for missing deadlines. Although certain legal doctrines might offer slim chances to revive a case, they are low-probability options. It's essential to file a complaint at the courthouse within the three-year period to keep your claim alive, regardless of ongoing insurance negotiations. Can ongoing insurance negotiations affect the statute of limitations? Yes, ongoing negotiations can lead to missing the statute of limitations. Insurance companies are not obligated to inform you about filing deadlines, and they cannot provide legal advice. If the limitation period lapses during negotiations, the company can refuse to pay, leaving you without recourse. Can you share a case where timing was a major issue? Timing issues frequently arise, especially when clients approach right before the statute of limitations expires. For instance, a client with a brain injury from a car accident had unresolved medical issues that extended beyond three years. Despite ongoing treatment, the lawsuit had to be filed to preserve the claim, illustrating the challenges of dealing with cases where injury recovery is prolonged. What becomes harder to prove when too much time passes? As time passes, evidence issues become significant, especially for liability. Video footage might be overwritten, witnesses may relocate or become unreachable, and even memories can fade. These factors can severely weaken a case, especially when it relies on corroborating evidence beyond personal testimony. What surprises people most about the deadlines for injury claims in Wisconsin? Many are surprised to learn that claims against governmental entities have a much shorter deadline of 120 days, compared to the usual three years. This includes injuries involving city or county vehicles or incidents on government property. Missing this shorter window can result in losing the right to pursue a claim entirely. What is an example of a government entity with a 120-day claim deadline?  Claims involving city vehicles, county responsibilities like parks, or university employees fall under the 120-day deadline. For instance, if a University of Wisconsin employee causes an accident while on duty, you must act within 120 days to file a notice of claim, even if the employee wasn't in a university vehicle. Missing this deadline can exclude the university's insurance from being liable, highlighting the importance of knowing these specific timelines.

Can You File A Valid Injury Claim If You've Had A Similar Injury Or Medical Condition Before An Accident? Yes, you can file a valid injury claim even if you've had a similar injury or medical condition before the accident. These are known as pre-existing injuries in legal terms, and they play a significant role in the case. Wisconsin law allows you to claim for the worsening of that injury. The key is in how the pre-existing condition is framed within the context of the case. Why Do Insurance Companies Focus On A Person's Medical History After An Injury Claim Is Filed? Insurance companies scrutinize medical histories because it's one of their primary strategies to reduce the value of a claim. Their goal is to create doubt and confusion, potentially leading to a lower settlement. By highlighting past injuries or conditions, they aim to suggest that the current injury isn't solely due to the recent incident. How Can Regular Treatment For Maintenance Be Documented To Avoid Affecting An Injury Claim? Doctors should document pain levels, reasons for visits, and any changes over time. The quality of medical note-taking can vary, and if notes aren't helpful, additional documentation may be needed. This could involve obtaining a letter or deposition from the doctor to provide context. Are Insurance Companies Aiming To Pay As Much As Possible On Claims? No, insurance companies aim to pay as little as possible on claims. Their duty is to their shareholders or policyholders, and they use strategies like examining pre-existing conditions to minimize payouts. They look for any aspect in your medical history that could explain your injuries as unrelated to the current incident. How Can You Determine If An Accident Has Worsened An Existing Injury? Medical records are crucial in determining if an accident has worsened a pre-existing injury. Ideally, these records will document pain levels, range of motion, and daily activities both before and after the incident. Changes in these areas can indicate worsening due to the accident. What Kinds Of Medical Records Are Most Important In Injury Claims Involving Pre-existing Conditions? Important records often come from chiropractors, physical therapists, or specialists like orthopedic surgeons. These records detail subjective symptoms and objective measurements like pain levels and range of motion, which are critical in distinguishing between old and new injuries. Does A Pre-existing Condition Automatically Reduce The Value Of A Claim? Not necessarily. While a pre-existing condition can complicate a claim, it doesn't automatically reduce its value. The impact of the new incident on the pre-existing injury must be clearly demonstrated. Often, cases involving significant pre-existing conditions require litigation to ensure fair compensation. Should Someone Ever Refrain From Pursuing A Claim Due To A Previous Injury? Generally, no. There is always potential value in a claim due to the worsening of an injury, and sometimes it can be even more valuable. However, claims involving emotional or mental injuries may require careful consideration due to potential privacy concerns. Should You Release All Your Previous Medical Records To An Insurance Company After An Injury? No, you should not release all your medical records to an insurance company. They may use AI tools to sift through extensive records to find anything that could undermine your claim. The release of prior records is usually negotiated, often limited to a few years prior to the incident. Can You Share A Real-life Example Where A Pre-existing Injury Was A Major Issue In A Claim? A retired man injured while crossing a crosswalk had previously undergone knee surgery. The insurance company tried to attribute his symptoms to past issues. However, by demonstrating that the surgery was meant to improve his quality of life and that the accident caused a setback, a favorable settlement was achieved. What Challenges Arise When Insurance Companies Blame Symptoms On An Older Injury? Insurance companies can hire experts to testify that symptoms are due to an older injury, not the recent incident. Overcoming this requires a skilled attorney who can effectively cross-examine these expert witnesses and demonstrate their potential biases. What Does Wisconsin Law Say About Aggravating Or Worsening A Pre-existing Condition? Wisconsin law includes the "egg shell skull rule," meaning defendants are responsible for injuries as they find the plaintiff, even if they are more susceptible to injury. Defendants are also responsible for the worsening of a pre-existing condition, though not for the pre-existing condition itself.