Legal Question in Personal Injury in Wisconsin
Statue of limitations
I need to know the statue of limitations in the state of wisconsin for a lawsuit for a personal injury case. I was in an automobile accident almost 7 years ago, and i did not have insurance. I have been sued once for almost 5,000.00 and now the lady is trying to sue me again for 38,000.00! Can you tell me the statue of limitations on this case? Thank you
3 Answers from Attorneys
Re: Statue of limitations
3 years or 1 year from the date of the discovery of the injury
Re: Statue of limitations
Your email is less than clear about the situation but I will try to answer it as best I can. Unless the woman is disabled or under 18, a minor, the statute of limitations is three years for a personal injury case. Outside of that, I do not know a situation that would allow this woman to maintain a personal injury case unless her action relates to a breach of a contract, a prior payment, or something similar relating to the prior action. I would not get involved in or defend such a case however as I only handle plaintiffs' side personal injury cases.
Re: Statue of limitations
Unless the plaintiff is a minor, the usual statute of limitations for personal injury cases in Wisconsin is three years. Absent some unusual situation, the statute of limitations should prevent the lady from suing you seven years after the accident. The only confusing thing is that she apparently already sued you once. Was that concerning the same accident? Why is she suing you a second time?