Legal Question in Personal Injury in Wisconsin
My son was in an accident April, 1, 2014. Pedestrian vs semi hit n run in Wisconsin. He did survive, we just finally got the DNA results 2 weeks ago and are in conclusive. The Buffalo County sheriffs department held the results for 1 1/2 years. The county did a really sloppy job of their investigation and we are now left with no truck, and only video's of the south bound traffic and nothing for North bound. Am I able to file a claim against the county for Negligence.
1 Answer from Attorneys
Government agencies are immune from suit in Wisconsin for acts (or failures to act) done in the ordinary course of government business. If the outcome of this investigation is important to you, you therefore should not rely exclusively upon what the Sheriff does, but instead retain your own lawyer and investigator to assure that a thorough job is done, particularly as to the issues which are most important to you. I don't know how likely it is that DNA would ever identify a hit and run semi driver, however. As for the traffic camera footage, there is nothing to stop you from ordering it on you own, as well as canvasing private businesses in the area who may have had security cameras running. I am sorry that I am not able to offer you better news, here, other than the observation that it may not be too late to start your own investigation, since you still have roughly 6 months before the statute of limitations for a WI injury claim runs out. You also have a right to start suit in alias (i.e., "John Doe") against unknown parties until then to preserve the statute, and then correct the names later if they are ever discovered.
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