What To Expect During A Personal Injury Lawsuit In Wisconsin

By Howard Eglash, Personal Injury Attorney

If you’ve been injured in an accident caused by someone else’s negligence, you may be considering a personal injury lawsuit. While the idea of going to court can seem intimidating, understanding the process can help you feel more prepared and confident about your next steps.

From the first consultation to the potential trial, here’s a step-by-step look at what typically happens during a personal injury lawsuit in Wisconsin.

Step 1: Initial Consultation And Case Evaluation

Your first step is to meet with a Wisconsin personal injury attorney. During this meeting, you’ll discuss:

• How the accident happened
• Your injuries and medical treatment
• Any evidence you’ve collected (photos, witness names, medical bills)
• Your work situation and whether you’ve missed income

The attorney will evaluate whether you have a valid claim under Wisconsin law and explain possible outcomes. 

Step 2: Investigation And Evidence Gathering

Once hired, your attorney begins building your case. This may include:

• Collecting accident reports
• Interviewing witnesses
• Obtaining medical records and bills
• Consulting with experts (such as accident reconstruction specialists or vocational experts)
• Reviewing insurance policies that might apply

This stage is critical because strong evidence helps increase the likelihood of a fair settlement or verdict.

Step 3: Filing The Lawsuit

If your case cannot be resolved through early settlement talks, your attorney will file a complaint in the appropriate Wisconsin court. This legal document outlines your allegations, the damages you’re seeking, and why the defendant is responsible.

Once filed, the defendant must be formally served with the lawsuit and will have a set time—45 days for the defendant driver and insurance companies—to respond with an answer admitting or denying your claims.

Step 4: Discovery Phase

Discovery is the information-exchange process between both sides. In Wisconsin personal injury cases, this often involves:

• Interrogatories – written questions answered under oath
• Requests for production – asking for documents like medical records or employment files
• Depositions – in-person questioning of witnesses, experts, and the parties involved
• Independent medical examinations – where the defense’s doctor evaluates your condition

Discovery can take several months, but it allows each side to understand the strengths and weaknesses of the case before trial.

Step 5: Mediation And Settlement Negotiations

Before going to trial, many Wisconsin courts encourage—or even require—mediation. This is a confidential meeting where a neutral mediator helps both sides try to reach a settlement.

Your attorney will negotiate on your behalf, weighing offers against the costs, risks, and potential outcomes of a trial. Many personal injury lawsuits are resolved at this stage without ever going before a jury.

Step 6: Pre-Trial Preparation

If settlement isn’t reached, your attorney will prepare for trial by:

• Finalizing witness lists
• Preparing exhibits (such as photos, medical charts, or accident reconstructions)
• Creating opening and closing statements
• Filing any necessary pre-trial motions

This stage ensures your case is as strong as possible before presenting it to a judge or jury.

Step 7: Trial

A Wisconsin personal injury trial can last anywhere from a few days to several weeks, depending on complexity. Both sides present evidence, question witnesses, and make arguments.

The jury (or judge, in a bench trial) then deliberates and issues a verdict. If you win, the verdict will include the amount of compensation you’re awarded for damages such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Future care costs

Step 8: Post-Trial And Appeals

If either side believes there was a legal error during trial, they may file an appeal. This can extend the process, but in many cases, a verdict brings closure to the matter.

How Long Does A Personal Injury Lawsuit Take In Wisconsin?

Timelines vary widely, but many cases resolve within 12–24 months. Factors that affect timing include:

• The complexity of the case
• The severity of your injuries
• How quickly both sides exchange evidence
• Court scheduling availability

Why Legal Representation Matters

A personal injury lawsuit involves strict deadlines, detailed procedures, and legal strategy. Having an experienced Wisconsin attorney ensures your rights are protected, your case is thoroughly prepared, and your chances for fair compensation are maximized—whether in settlement or at trial.

At Bosshard Parke, we guide clients in La Crosse, Sparta, and throughout western Wisconsin through every step of the personal injury process. If you’re considering legal action after an accident, contact us today to request a confidential consultation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.