Top 5 Myths About Personal Injury Law in Wisconsin
Top 5 Myths About Personal Injury Law in Wisconsin
If you’ve been injured in an accident in Wisconsin—whether it’s a car crash, slip and fall, or dog bite—you may be considering filing a personal injury claim. But chances are, you’ve heard a lot of conflicting information. Unfortunately, many people make decisions based on myths and misunderstandings about personal injury law in Wisconsin, which can seriously impact the compensation they receive.
In this article, we’re debunking the top 5 most common myths about personal injury claims in Wisconsin so you can protect your rights and make informed decisions.
Myth #1: "I Can File a Personal Injury Lawsuit Anytime"
Reality: Wisconsin has strict deadlines for filing personal injury claims.
One of the biggest misconceptions people have is that they can file a personal injury lawsuit at any time. In reality, Wisconsin law imposes a statute of limitations that limits how long you have to take legal action.
Under Wisconsin Statute § 893.54, most personal injury claims must be filed within three years from the date of the injury. If you miss this deadline, your case could be thrown out, no matter how serious your injuries are.
There are exceptions:
Wrongful death claims involving motor vehicle accidents typically have a two-year limit.
If you’re filing a claim against a government entity, you may be required to file a formal notice of claim within 120 days of the incident.
Tip: Don’t delay. Talk to a personal injury attorney in Wisconsin as soon as possible after your accident to preserve your legal rights.
Myth #2: "If I Have Insurance, I Don’t Need a Lawyer"
Reality: Insurance companies are not on your side.
Many people assume their insurance company—or the other party’s insurer—will handle everything fairly. Unfortunately, that’s rarely the case. Insurance companies are for-profit businesses, and their goal is to minimize payouts and protect their bottom line.
They may:
Offer a lowball settlement
Delay processing your claim
Try to downplay the severity of your injuries
Pressure you into settling before you know the full impact of your injuries
An experienced personal injury lawyer in Wisconsin will advocate for your best interests, ensure your claim is properly valued, and fight for the full compensation you deserve—including for medical bills, lost wages, pain and suffering, and future care.
Myth #3: "If I Was Partially at Fault, I Can’t Recover Damages"
Reality: Wisconsin uses a modified comparative negligence rule.
It’s common for people to think that if they were even slightly at fault for the accident, they can’t recover any compensation. That’s not true in Wisconsin. Under Wisconsin’s comparative negligence law (Wis. Stat. § 895.045), you can still recover damages as long as you were less than 51% at fault for the accident.
Here’s how it works:
If you are found to be 30% at fault, your compensation will be reduced by 30%.
So if your damages total $100,000, you would still receive $70,000.
This rule encourages fair distribution of liability and ensures that even partially responsible victims are not completely barred from seeking justice.
Myth #4: "Personal Injury Lawsuits Take Years and Always Go to Trial"
Reality: Most personal injury cases settle without going to court.
Another common misconception is that all personal injury claims lead to lengthy court battles. In reality, the majority of personal injury cases in Wisconsin are resolved through settlement negotiations—often without the need to step inside a courtroom.
While more complex cases or disputes over liability may take longer, many cases are settled within a few months. When you work with a skilled personal injury attorney, they will often negotiate directly with the insurance company to secure a fair and timely settlement.
However, if a fair agreement can’t be reached, having a lawyer who’s ready to take your case to trial is essential.
Myth #5: "My Injuries Were Minor, So I Don’t Need to File a Claim"
Reality: Even minor injuries can lead to major consequences.
One of the most dangerous myths is the idea that you shouldn’t pursue a claim unless your injuries are severe. But even what seems like a “minor” injury—like a soft tissue injury, concussion, or back strain—can lead to:
Ongoing pain or physical therapy
Missed time from work
Long-term medical expenses
You have the legal right to be compensated for all losses related to your injury, not just the immediate impact. Don’t assume that because you didn’t go to the ER or didn’t feel pain right away, you don’t have a valid claim.
Always seek medical care and consult a Wisconsin personal injury lawyer to evaluate your case.
Final Thoughts: Don’t Let Myths Hurt Your Personal Injury Case
Navigating a personal injury claim in Wisconsin can be overwhelming, especially with so much misinformation out there. Understanding your rights—and the truth behind these common myths—can make all the difference in how much compensation you receive.
Whether you’ve been injured in a car accident, slip and fall, or due to someone else’s negligence, it’s important to take action quickly. Don’t rely on insurance companies to do what’s right, and don’t let misinformation cost you the financial recovery you deserve.
Need Legal Help? Contact DMR Law Offices Today - The top Wisconsin Personal Injury Law Firm!
If you or a loved one has been injured in Wisconsin, don’t wait. Contact D.M.R. Law Offices Today at 414-455-3629 and we will help you understand your legal options, gather evidence, negotiate with insurers, and fight for full and fair compensation.
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