How to start a Wisconsin personal injury claim after a driver runs a stop sign

Short answer: Get medical care, preserve evidence, report the crash, notify your insurance company, document all losses, and consult an attorney if injuries or significant damages exist. If you must sue, you generally have three years from the crash to file a lawsuit in Wisconsin. This article explains the practical steps and the legal basics you need to know.

Detailed Answer

1. The legal framework (basic negligence)

Under Wisconsin law, most vehicle-collision injury claims rest on negligence. To recover you must show:

• Duty: Every driver must follow the rules of the road and exercise reasonable care.
• Breach: The other driver violated that duty — for example, failing to stop at a stop sign. (See Wisconsin’s stop sign rules at Wis. Stat. § 346.47.)
• Causation: The breach caused your crash and injuries.
• Damages: You suffered a compensable loss (medical bills, wage loss, vehicle damage, pain and suffering, etc.).

2. Immediate steps at the scene and right after

• Call 911 if anyone is hurt. Seek medical care right away even for minor pain — some injuries show up later.
• Call police and get an officer’s crash report. A traffic-control violation (like running a stop sign) is something the officer will note.
• Take photos of vehicle positions, damage, skid marks, the stop sign, traffic signals, injuries, and nearby road signs or obstructions.
• Collect names and contact information for witnesses and the other driver(s).
• Do not admit fault or apologize at the scene; stick to facts when speaking to police.

3. Evidence you must preserve

Document and keep:

• Police crash report (request a copy).
• Photos and video of the scene and vehicles.
• Medical records, test results, treatment notes, and receipts.
• Repair estimates and invoices for vehicle damage.
• Pay stubs showing lost wages and a log of missed work.
• Names and contact info of witnesses and any independent statements they provide.

4. Dealing with insurance

Most claims resolve first through the at-fault driver’s liability insurance. Steps to follow:

• Notify your insurer promptly (your policy often requires quick notice).
• The other driver’s insurer will likely contact you. Be factual. Avoid detailed recorded statements until you understand the claim and potential injuries.
• Keep careful records of all communications, bills, and estimates.
• Do not accept the first quick settlement without checking how much your future medical needs and lost earnings might total.

5. When to consider an attorney

Talk to an attorney promptly if any of the following apply:

• Significant or ongoing injuries, surgery, or long-term care needs.
• Complicated liability (conflicting witness accounts, argument over who had the right of way).
• Insurance won’t pay fair value, or they deny the claim.
• You face potential shared fault issues; Wisconsin reduces recovery by your percentage of fault.

6. Lawsuit timing — statute of limitations

If you must file a lawsuit in Wisconsin for bodily injury, you generally have three years from the date of the injury to start the case. See the statute here: Wis. Stat. § 893.54. Missing this deadline usually prevents a court action later, so track the deadline and act early.

7. Typical damages you can seek

• Medical expenses (past and future).
• Lost wages and loss of future earning capacity.
• Property damage (vehicle repair or fair market value).
• Pain and suffering and emotional distress.
• Other out-of-pocket costs tied to the crash (therapy, travel for treatment).

8. Example (hypothetical)

Imagine you stopped at a controlled intersection and another driver ran the stop sign and T-boned your car. You go to the ER with a concussion and neck pain. Police cite the other driver for failing to stop. You keep photos, the police report, and receipts for ER care. You notify both insurers and your employer about lost time. If the at-fault insurer offers a low settlement, you consult a Wisconsin personal injury attorney, who evaluates future medical needs and files suit before the three-year deadline if negotiations fail.

Helpful Hints

• Get medical care first — some injuries worsen if untreated.
• Preserve evidence: photos, the police report, witness info, and medical records.
• Write down everything while details are fresh: what happened, road conditions, traffic control signs, and names of witnesses.
• Tell insurers facts only. Avoid speculation and don’t accept recorded statements without considering legal advice.
• Track all expenses and lost time from work. Even small costs add up.
• Don’t post details or admit fault on social media. Insurers monitor social posts for inconsistencies.
• Note the three-year filing deadline in Wis. Stat. § 893.54: act early to protect your rights. (https://docs.legis.wisconsin.gov/statutes/statutes/893/54)
• If fault is disputed, a lawyer can preserve evidence that fades (e.g., vehicle damage, scene measurements) and help obtain witness statements and expert opinions.

Next practical step: If your injuries or damages are more than minor, schedule a consultation with an attorney who handles Wisconsin auto-accident injury claims. Many attorneys offer free consultations and work on contingency (they are paid a percentage only if you recover money).

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws change and every case is different. Consult a licensed Wisconsin attorney for advice about your specific situation.