Time Limits for Motorcycle Accident Lawsuits in Wisconsin

Cruising down the open road on your motorcycle is a fantastic feeling of freedom. But being involved in an accident can turn that freedom into a nightmare, leaving you with physical injuries, medical bills, and lost wages.  If you've been injured in a motorcycle accident in Wisconsin, understanding the time limits for filing a lawsuit is crucial to protecting your right to compensation.

The Wisconsin Statute of Limitations:

In most personal injury cases, including motorcycle accidents, Wisconsin law imposes a three-year statute of limitations [1]. This means you generally have three years from the date of the accident to file a lawsuit. It's important to note that the clock starts ticking on the day the accident occurs, not when the full extent of your injuries becomes apparent.

Missing the Deadline:

If you wait too long to file your lawsuit, exceeding the Wisconsin statute of limitations, the court will likely dismiss your motorcycle accident case entirely. This dismissal throws a significant wrench into your ability to seek fair compensation for the damages you've suffered. You'll lose the legal right to recover for the medical expenses incurred to treat your injuries, lost wages from being unable to work, and the pain and suffering you've endured as a result of the motorcycle accident. Additionally, any other damages you may have sustained, such as property damage to your motorcycle, lost future earning potential due to permanent injuries, or emotional distress, could also become unrecoverable. By missing the deadline, you essentially relinquish your legal right to hold the responsible party accountable and be financially compensated for the losses you've faced from the accident.

Exceptions to the Rule:

There are a few exceptions to the three-year time limit:

• Minors: If you were a minor (under 18) at the time of the accident, you typically have two years from your 18th birthday to file a lawsuit. However, the total time cannot exceed five years from the accident date. (See Wisconsin Statutes § 893.54(2) https://docs.legis.wisconsin.gov/statutes/statutes/893)
• Mental Incompetence: If you were mentally incompetent at the time of the accident, the statute of limitations may be tolled (paused) until you regain competency. There's still a maximum of five years from the accident date to file. (See Wisconsin Statutes § 893.54(8) https://docs.legis.wisconsin.gov/statutes/statutes/893)
• Government Involved: If your accident involved a government entity (like a county or city), there may be shorter filing deadlines and specific notice requirements. It's crucial to consult with an attorney immediately in these cases

Why You Shouldn't Wait:

Even if you have three years, it's wise to speak with a motorcycle accident lawyer as soon as possible after your accident. Here's why:

• Evidence Gathering: Memories fade, and witnesses move on. The sooner you involve a lawyer, the sooner they can begin gathering evidence to strengthen your case.
• Medical Treatment: Focus on your recovery. Your lawyer can handle the complexities of insurance claims and lawsuits while you heal.
• Negotiation Power: The insurance company is most likely to offer a fair settlement early on. Waiting weakens your negotiating position.

Protecting Your Rights:

If you've been injured in a motorcycle accident in southeastern Wisconsin, don't let the clock run out on your right to compensation. Whether you're in Racine, Kenosha, Milwaukee, West Bend, or anywhere else in the region, Action Law Offices is here to help. Our experienced motorcycle accident lawyers understand the complexities of Wisconsin motorcycle accident law and are dedicated to fighting for the full compensation you deserve. We'll work tirelessly to investigate your accident, gather evidence, negotiate with insurance companies, and if necessary, take your case to court. Don't face the physical, emotional, and financial burden of a motorcycle accident alone.

Contact Action Law Offices today for a free consultation. We'll listen to your story, answer your questions, and guide you through the legal process every step of the way. Remember, time is of the essence. Act now to protect your rights and your future.