Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Filing a personal injury claim after a bus accident in Wisconsin requires careful preparation and prompt action. Follow these steps to protect your legal rights:
1. Get Immediate Medical Care
After any bus accident, seek medical attention right away—even if you feel fine. A medical exam documents your injuries and creates a treatment record. This record is vital evidence for your claim.
2. Preserve Evidence at the Scene
If you can, take photos of the bus, crash scene, road conditions, and any visible injuries. Collect contact information for witnesses. Ask for the bus company’s name, driver’s name, badge number and insurance information.
3. Notify the Bus Operator or Government Entity
If the bus belongs to a private company, report the crash to its claims department in writing. If a municipal or state bus caused the accident, you must file a written notice of claim under Wisconsin’s governmental claims statute, Wis. Stat. § 893.80. You generally have 120 days from the accident date to submit this notice.
4. File an Insurance Claim
Wisconsin law requires bus operators to maintain auto liability insurance under Wis. Stat. § 632.32. Submit your claim to the insurer as soon as possible. Include medical records, repair estimates and witness statements.
5. Track Your Damages
Compile all accident-related expenses: medical bills, prescription costs, physical therapy, lost wages and property damage. Keep a journal of pain levels and daily limitations. This documentation supports your claim for compensation.
6. Understand the Statute of Limitations
In Wisconsin, you generally have three years from the accident date to file a personal injury lawsuit under Wis. Stat. § 893.54(1m). Missing this deadline usually ends your ability to recover damages in court.
7. Negotiate or Litigate
Insurers may offer a settlement. Review any offer carefully. You can negotiate for a higher amount or proceed to file a lawsuit in circuit court. During litigation, both sides exchange evidence during discovery. You may attend mediation or trial if you cannot settle.
Helpful Hints
- Start medical treatment immediately, even for minor injuries.
- Take clear, time-stamped photos at the scene.
- Send written notice to all possible defendants promptly.
- Keep original bills, receipts and pay stubs.
- Record a pain and symptom diary daily.
- Ask friends or family to track your functional limitations.
- Consult a personal injury attorney before accepting any settlement.