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How Long Do I Have to Sue After a Car Accident in Madison, WI?

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Getting into a car accident can turn your life upside down in an instant. Navigating doctor’s visits, missed work, and car repairs can push legal matters aside. However, failing to take prompt legal action could jeopardize your right to receive the compensation you deserve.

In Wisconsin, there is a deadline for filing a lawsuit after a crash, and once it passes, your case could be dismissed—no matter how badly you were hurt.

Let’s take a closer look at what that timeline looks like and why acting sooner rather than later can make all the difference.

The Standard Deadline in Wisconsin: Three Years

In most situations, you have three years from the date of your accident to file a personal injury lawsuit in Wisconsin. That covers not only physical injuries but also expenses such as car damage and other out-of-pocket costs.

Keep in mind, this isn’t the deadline to report your crash to the insurance company. Most insurers require you to report accidents almost immediately—sometimes within a matter of days. It’s best to notify them as soon as possible, even if you’re not yet sure whether you’ll file a lawsuit.

When a Crash Leads to a Death

Sadly, not every crash victim survives. If you’re dealing with the tragic loss of a loved one, the rules can change a bit. Families in Wisconsin generally have two years from the date of death to file a wrongful death claim.

These cases are often more complicated and emotionally draining. It’s helpful to speak with an attorney who understands what you’re going through and can guide you through the legal process.

Why You Shouldn’t Wait

Three years sounds like a long time. But in reality, the earlier you get started, the better your chances of building a strong case.

Here’s why:

  • Evidence fades quickly. Skid marks disappear, video footage gets erased, and witnesses forget details.
  • Medical proof matters. Waiting too long to get treated—or to connect your injury to the crash—can raise red flags with insurance adjusters.
  • Insurance companies take advantage of delays. If you wait, they might argue your injuries weren’t serious or related to the accident at all.

Taking action early gives your legal team time to gather the evidence, speak with experts, and push for the full compensation you deserve.

What If a Government Vehicle Was Involved?

If the accident involved a city bus, government truck, or any public employee, your timeline could be even shorter. In many of these cases, Wisconsin law requires you to file a notice of claim within just 120 days of the accident.

That’s barely four months. If you think a government entity might be involved, don’t wait—reach out to a lawyer immediately.

Are There Any Exceptions?

Occasionally, exceptions apply. For example, if the injured person is a minor or legally incapacitated, the clock might not start right away. That said, these situations are rare and very case-specific.

If you think you might fall into one of those categories, it’s smart to talk to a lawyer who can give you straight answers based on your situation.

Call Eisenberg Law Offices, S.C. for a Free Consultation With a Madison Car Accident Lawyer

At Eisenberg Law Offices, S.C., we’ve spent decades helping people just like you get back on their feet after serious accidents. We know the system, and we know how to fight for what’s fair.

If you’re feeling overwhelmed after a car crash, we’re here to take the pressure off. Contact us today to schedule a complimentary consultation with a Madison car accident attorney. 

We proudly serve Madison, WI, Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.

Eisenberg Law Offices S.C. – Madison
308 E Washington Ave
Madison, WI 53703

(608) 256-8356

Our firm is located near you. We have an office in Madison, WI 
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