Legal Question in Personal Injury in Wisconsin

You might want to first find out if the owner of the car had any insurance. If neither the driver nor the owner, and you also had no auto insurance, and the other driver or owner are not willing to work out any payment plan with you, you might wish to first contact the Motor Vehicle Department to find out if they will be taking action against the driver and owner for not having any insurance for this accident. The State may suspend the registration privileges for the owner of the car and may further suspend the driving privileges for the driver of the car, on the condition that if they work out a satisfactory payment plan with you to pay your damages, that they may be able to keep their registration and driving privileges intact. If that does not work, you can certainly file a lawsuit, either in Small Claims Court, without the need of an attorney, or in Large Claims Court, with the assistance of an attorney. If you file in Small Claims Court, the maximum you may recover is $5,000.00, plus costs, however, you can avoid the fees associated with hiring an attorney. If you obtain a judgment, then you might be able to recover the money by way of garnishing wages or attaching assets. Many of the County Courthouses have instructions and assistance in filling out the papers to have the lawsuit filed. Please be advised that for injury claims, you would normally have a three year statute of limitations, and for property damage claims, you would normally have a six year statute of limitations. The statute of limitations time periods require you to either settle your claims or file a lawsuit within those time periods. If you are going to make a claim for physical and emotional damages, proof of those injuries, usually by way of medical care, will be required to prove those damages. You may wish to consult with an attorney in more detail regarding your claims and how to proceed regarding the above.

The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice. You should consult an attorney for individual advice regarding your own particular situation. The material in this posting is not intended to be advertising, but it is instead meant it to be general information only.