Just discovered the identity of the tortfeasor!!!

Asked over 1 year ago - Park Falls, WI

If I discovered the identity of the tortfeasor this year, the discovery rule applies, but the statute was amended three years ago to make a statute of limitation 3 years to file a complaint (instead of the prior 2 years) but the action that caused the harm occurred 4 years ago and the cause of action does not accrue until the plaintiff knows the tortfeasor's identity, which version would apply? 2 years discovery, or 3 years discovery?

Attorney answers (1)

  1. Nicholas C. Zales

    Contributor Level 13

    Answered . Since you are going to need an attorney to bring your claim, whatever it may be, you would want to ask your attorney that question. The "discovery" rule can be tricky and without more facts I cannot answer the question other than how I have. Talk to counsel ASAP.

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