Medical malpractice claims are among the most complex, expensive and emotionally charged legal matters we handle at Martin Law Office. When you or a loved one suffers harm due to a medical professional’s negligence, you deserve answers, accountability, and fair compensation. One of the most common questions we hear from clients is: How long does it take for a medical malpractice case to settle in Wisconsin? The answer is highly variable, but understanding the process can help you know what to expect.

Typical Timeline of a Medical Malpractice Case in Wisconsin

There’s no one-size-fits-all timeline for medical malpractice cases. Some cases may settle in under a year, while others can take several years to resolve. Below is a general outline of the phases involved:

1. Investigation and Case Evaluation (1-6+ months)

At Martin Law Office, the investigation of a medical malpractice case starts with our intake specialist. Our intake specialist is trained to gather the information necessary for our team of attorneys to make an initial decision on whether we can accept the case. Often that is done through the initial phone call. If further investigation is needed, we may consider:

• Reviewing medical records
• Consulting with medical experts
• Evaluating damages

This phase ensures your case has merit and that there is sufficient evidence of [1] a health care provider acting negligently; [2] said negligence causing an injury; and [3] the damages that arise from the injury.

2. Filing the Lawsuit (After Investigation)

If the case meets our criteria, we will file a formal complaint in the appropriate court. This starts the litigation process and officially puts the healthcare provider and their insurance company on notice.

3. Discovery Phase (12-18+ months)

During discovery, both sides exchange information, documents, and evidence. This phase includes:

• Depositions of the parties and expert witnesses
• Interrogatories (written questions)
• Requests for medical and employment records

This process can be lengthy, especially if the case is complex or if there are multiple defendants.

4. Negotiations and Settlement Discussions (Varies)

At various stages during the litigation, both sides may engage in settlement negotiations. In Wisconsin, courts often require mediation before a trial. Some cases resolve at this point, especially when the evidence is strong. However, insurance companies may delay or deny fair offers, prolonging the process.

5. Trial (If No Settlement Reached)

If the case does not settle, it proceeds to trial. Scheduling a trial date adds additional time depending on court availability. A trial may last days or weeks.

6. Appeals (If Applicable)

After a verdict, either side may file an appeal, which can add months—or even years—to the final resolution.

7. Overall

At Martin Law Office, we have settled medical malpractice cases in as short as a few months or as long as over five years. If and when a case gets settled depends on the merits of each individual case.

Factors That Affect How Long a Case Takes

Several key factors can influence the timeline of a medical malpractice case:

• Complexity of the Case: Cases involving multiple medical providers or complex conditions may require more time for expert review and testimony.
• Severity of the Injury: Severe or permanent injuries often involve more significant damages and therefore more contentious negotiations.
• Cooperation from the Defendant: If the healthcare provider or their insurance company contests liability, then the case may take longer to resolve.
• Court Backlogs: Wisconsin courts can be overwhelmed with cases, which may delay hearings and trial dates.
• Willingness to Settle: If both parties are open to settlement, the case may resolve more quickly than one destined for trial.

Statute of Limitations in Wisconsin

Under Wisconsin law, the statute of limitations on medical malpractice cases are as follows:

1. Three years from the date of the injury;
2. One year from the date the injury was discovered or, in the exercise of reasonable diligence, should have been discovered, but not more than five years from the date of the negligent act;
3. For cases involving foreign bodies, one year after the patient is aware of or, in the exercise of reasonable care, should have been aware of, the presence of the foreign body, or three years from the date of the injury;
4. For cases involving persons under the age of 18, three years from the date of the injury or by the time the minor reaches age of 10, whichever is later.

Because of these strict deadlines, it’s essential to consult with an experienced Wisconsin medical malpractice attorney as soon as possible to determine the specific statute of limitations that belongs to your case and protect your right to bring a claim.

How Martin Law Office Supports You Throughout the Process

At Martin Law Office, we understand how overwhelming a medical malpractice case can be—especially when you’re already dealing with physical pain, emotional distress, and financial burdens. Our attorneys are here to guide you through every step.

We know this is not just a case—it’s your life. That’s why we fight tirelessly to hold negligent medical providers accountable and secure justice for our clients.

Contact Martin Law Office for a Free Consultation

If you believe you’ve been the victim of medical malpractice in Wisconsin, don’t wait. The sooner we begin investigating your case, the stronger your chances of securing a fair outcome.

Contact Martin Law Office today for a free case consultation at 414.856.4010 and learn how we can help you pursue the justice and compensation you deserve.