Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address the specifics of your case.
Detailed Answer
In Wisconsin, most personal injury claims based on negligence—including those for lost wages—must be filed within three years of the injury under Wis. Stat. § 893.54(1). However, the time it takes to resolve a case varies widely. Below are key stages and factors that influence the overall timeline:
1. Medical Treatment and Record Collection
You should complete necessary medical treatment and obtain all records before finalizing a claim. Insurers and defense attorneys often wait for maximum medical improvement to accurately assess future medical costs and lost earning capacity. This can take anywhere from several months to over a year, depending on the severity of injuries.
2. Investigation and Demand Package
Your attorney will gather evidence—accident reports, employment records, pay stubs, tax returns and expert opinions on lost wages. Preparing and sending a demand package to the insurer typically takes 2–4 months.
3. Settlement Negotiations
Once the insurer reviews your demand, negotiation begins. Many cases settle without filing a lawsuit, often within 6 to 12 months from the date the demand package is submitted. Complex cases or disputes over liability and damages may extend this phase by several more months.
4. Filing a Lawsuit and Pretrial Process
If negotiations stall, filing a complaint in circuit court triggers the discovery process. Key steps include pleadings, written discovery, depositions and expert reports. In Wisconsin, the case calendar call and scheduling conferences can occur 6–12 months after filing. Overall pretrial can span 12–24 months.
5. Trial and Appeal
If the case proceeds to trial, scheduling depends on court backlog. Trials may start 18–36 months after filing. Post-trial motions and appeals, if any, add additional months or years.
Average Resolution Time by Case Path
- Settlement without suit: 6–18 months.
- Suit filed but settled pretrial: 12–24 months.
- Trial and appeal: 24–48+ months.
Factors that accelerate or delay resolution include the clarity of fault, severity of injuries, quality of documentation for lost wages, insurer responsiveness and court schedules.
Helpful Hints
- Keep detailed records of work absences, pay stubs and medical bills related to lost wages.
- Complete recommended medical treatment promptly to establish a clear recovery timeline.
- Consult an attorney early to prepare and send an effective demand package.
- Be patient during negotiations; insurers may delay offers until all evidence is in.
- Consider mediation or alternative dispute resolution to shorten pretrial delays.
- Monitor court deadlines and procedural requirements to avoid delays or dismissal.