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How long do I have to file a nursing home abuse or negligence case in Wisconsin?

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Wisconsin’s statute of limitations determines how long you have to file a nursing home injury claim

You ask an important question, because Wisconsin—like other states—limits the amount of time that you have to file a nursing home abuse or negligence case. If you file a complaint in court before the statute of limitation expires, then you may protect your right to recover damages. However, if you fail to take action before the statute of limitation expires, then the defendant will raise that issue before the court and your case will be dismissed without your recovery of damages.

Why?

Statutes of limitations exist for a few reasons. A statute of limitations provides certainty to potential defendants in a civil action. It does not leave the threat of litigation hanging over them indefinitely. Statutes of limitations also benefit potential plaintiffs in a civil action. It requires that plaintiffs take action while evidence is still likely to exist and potential witnesses may be available to testify.

So How Long Do I Have?

In Wisconsin, you generally have three years to file a nursing home abuse or negligence lawsuit. The three years begins on the date when the injury was discovered or reasonably should have been discovered. The same time restrictions apply to wrongful death cases if your loved one died from nursing home abuse or negligence.

In some limited circumstances the statute of limitations may be extended or shortened. Thus, it is important to speak to a nursing home abuse lawyer as soon as possible after you or your loved one has been hurt to make sure that all applicable deadlines are met, that evidence is secured, and that a fair recovery can be made as soon as possible.

What Should I Do First?

Your first step should be to schedule a free consultation with an experienced nursing home abuse attorney who can make sure that you do not miss the statute of limitations or any applicable arbitration deadlines. For more information about how a nursing home abuse case works in Wisconsin or to schedule your free consultation, please start a live chat with us now, or call us directly at 1-800-800-5678.

Jason F. Abraham
Managing Partner, Hupy and Abraham