Statute of Limitations for Truck Accident Lawsuits

Dealing with the aftermath of a truck accident can be an overwhelming experience, fraught with physical pain, emotional turmoil, and financial stress.

During such challenging times, it’s crucial to prioritize your legal rights along with your physical recovery—specifically, the legal deadline for filing a lawsuit. These time limits, known as the statute of limitations, are critical to observe in order to preserve your right to compensation.

A Milwaukee personal injury lawyer can provide invaluable support during this process, helping you navigate the complex legal system and ensuring all deadlines are met. With their expertise, you can focus on healing while they build a strong case to secure the compensation you deserve for your injuries, losses, and suffering.

The Wisconsin Statute of Limitations Is Three Years

As per Section 893.54 of the Wisconsin Statutes, the statute of limitations for personal injury cases, including those resulting from truck accidents, is set at three years. This law serves a dual purpose: it protects individuals from facing lawsuits based on events that occurred years or even decades in the past, and it ensures that evidence and witness memories remain relatively fresh and accessible. 

Typically, the statute of limitations clock starts ticking from the date of the accident or, in cases where the injury wasn’t immediately apparent, from the time you discover it. For example, if you learn that you developed a traumatic brain injury a few months after the accident, you will have three years from the date of discovery to file your lawsuit.

Exceptions to the Personal Injury Statute of Limitations

While the three-year rule generally applies to most truck accident lawsuits, certain exceptions can extend or shorten this timeframe. However, these exceptions are rare, so it is important to speak with an attorney as soon as possible after the accident to avoid missing the deadline. 

For example, the statute of limitations may be extended in the following situations:

• If you were a minor under the age of 18 at the time of the truck accident, and no legal action was taken on your behalf, you typically have until two years after your 18th birthday to file a lawsuit.
• If you were declared mentally incompetent at the time of the accident and the incompetence prevented you from filing a claim, the statute of limitations might be extended for up to five years.

Conversely, if the accident involved a government-owned truck, the timeframe for legal action might be considerably shorter—typically only a few months. In these situations, it is important to contact an attorney immediately to initiate your claim and protect your right to recovery.

How to Avoid Missing the Filing Deadline

The importance of the statute of limitations cannot be overstated. If a lawsuit is filed after this period expires, the defense attorney will likely motion to dismiss your case. If this happens, the court will most probably grant the motion, leading to the dismissal of your case without any compensation for your damages.

To avoid these situations, it is crucial to act swiftly and decisively. After seeking medical care for your immediate injuries, contact a Wisconsin truck accident lawyer as soon as possible. An attorney can provide valuable guidance, help in gathering and preserving evidence, and ensure that your case is filed within the permissible timeframe.

If you or someone you know has been involved in a truck accident in Wisconsin, don’t face the aftermath alone. Consulting with a Milwaukee truck accident attorney can provide clarity on your legal options and improve your chances of securing the compensation you deserve.

Schedule a free case consultation immediately to discuss your case and explore your path forward.