Filing a claim isn’t the same as settling one. So, yes, you can still proceed with suing after an insurance claim has started. Your insurance claim is a request for compensation. A lawsuit is a legal demand for compensation and accountability. Wisconsin law preserves your right to bring a lawsuit against the at-fault party (and their insurance company) unless and until you sign a release of liability.
It’s quite common for claimants to file a personal injury lawsuit if the insurance company is undervaluing their claim or unwilling to negotiate in good faith. You do need to be mindful of the statute of limitations. You generally have three years from the date of a motor vehicle accident (two years if the motor vehicle accident results in a wrongful death) to file a lawsuit in Wisconsin to recover compensation for your injuries.
Can I Sue After Starting an Insurance Claim?
A car accident claim, a slip-and-fall accident claim, or any other personal injury claim is an informal process initiated with the liability insurance company representing the person responsible for causing your accident. You have the legal right to seek financial compensation for economic losses, including medical costs and lost income, as well as non-economic losses, such as pain and suffering.
Since there’s no court involement during this insurance claim process, there’s no legal obligation for the insurer to make a fair offer, and no legal recourse if they delay or devalue your claim unless you escalate the matter. A lawsuit, on the other hand, is a formal legal proceeding filed in a Wisconsin circuit court, where your case is governed by procedural rules and evidentiary standards.
If it has become clear that the insurance company isn’t going to offer the full value of your claim, your most strategic option is to have an experienced attorney start a lawsuit against them. Your right to sue isn’t forfeited simply by initiating a claim. You retain the legal ability to escalate the matter to court at any time before settling but before the statute of limitations has expired.
When Does Filing a Claim Limit Your Ability to Sue?
Suing after an insurance claim has started is your right, but there are a few exceptions. If you have signed a legally binding release or the statute of limitations has expired, it could limit or bar you from filing a lawsuit.
Many injured victims may assume that initiating a claim locks them into the insurance process, but Wisconsin law doesn’t impose any legal barrier to filing suit simply because you have opened a claim. The problem arises when claimants sign paperwork they don’t fully understand or without advice from a legal professional.
This includes:
- Release of Liability Agreements: If you accept a settlement offer (regardless of how unreasonably low it was) and sign a release, you have completely waived your right to sue. This is a binding contract.
- Recorded Statements: Although not a legal waiver, a recorded statement may be used to damage your credibility later. Insurers routinely use these to point out inconsistencies or gaps in your account if you later escalate the matter to court.
Make sure you notify your own insurance company after the accident. If a settlement agreement isn’t reached after negotiations between your lawyer and the at-fault party’s auto insurance company, a lawsuit may be your only option.
What Happens When You File a Lawsuit
After the lawsuit has been formally filed and served, both parties have the right to request information from each other. This means the insurance company must disclose evidence it collected (about you, your accident, and your injuries) during the discovery process. Your lawyer will request written discovery (interrogatories and document requests) as well as oral discovery (depositions).
A deposition is a formal, out-of-court testimony given under oath, and it’s a critical tool for preparing for your trial. Your attorney can issue a notice of deposition to the at-fault driver, which will require them to answer questions on the record. This is an opportunity to uncover any inconsistencies in the defendant’s story, admissions of fault, prior driving history, intoxication, distractions, or even identify further liability.
As the case is now under the supervision of a judge, if the insurance company tries to stonewall or use their standard delaying tactics, your personal injury lawyer can ask the court for an order to enforce proper compliance. All of this can be used to pressure the insurer for a fair settlement before the trial commences.
Whether through a fair insurance settlement or a jury verdict, you have a right to pursue further legal action after starting a claim and seek financial compensation for your medical bills (medical expenses), lost wages, and pain and suffering.
Choose an Experienced Personal Injury Attorney in Wisconsin
When you’re up against a large insurance company that wants to protect its own financial interests, it’s important to shift the risk back onto them. The most effective way to let them know you won’t accept a settlement far below what your case is truly worth is to seek legal advice and get representation from a team of powerful trial attorneys.
At Gingras, Thomsen & Wachs, we help our clients take control of the claim process. Our investigators will move fast to find evidence, so that insurance companies don’t have the chance to distort the facts or minimize your injuries.
Our attorneys will pursue legal action and engage in aggressive settlement negotiations to demand maximum compensation for your personal injury case. Our goal in every personal injury case is to fight for maximum financial recovery on behalf of the injured party. To schedule your free consultation, call us at 855-954-1186 or contact us online.
