You should obviously discuss with your attorney, however, I am wondering if you are really suing the other driver in court or not. If you have insurance on the car your wife was driving, you should have uninsured motorist coverage on the policy which will allow your wife to make a claim for her injuries, medical bills, pain and suffering, wage loss, etc. There is generally a six-year statute of limitations in making such a claim against your own insurance company. If you are actually suing the other driver, there is generally a three-year statute of limitations in Wisconsin for either settling your claim or starting a lawsuit against the other driver. If you had no insurance on your car and if the other driver has no insurance, you will have to recover money personally and directly from the other driver. If a criminal case was commenced against the other driver for the accident, you attorney should confer with the District Attorney's Office to see if you or your wife qualify for restitution for out of pocket costs from the other driver, as part of his sentencing if he is convicted. The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice.
Answered on Dec 10th, 2012 at 2:04 PM