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WISCONSIN

Negligence / Personal Injury
3 Years with Discovery Rule.
Wrongful Death
3 Years with Discovery Rule.
Medical Malpractice
3 Years with Discovery Rule (1 year after discovery, whichever is later) but never more than 5 years. Minors must sue for personal injury from health care providers within 3 years of date of injury or 1 year from discovery or by age 10. Non-economic damages capped at $750,000.
Malpractice (Other Professions)
Products Liability
3 Years with Discovery Rule.
Intentional Torts
2 Years
Fraud
6 Years Cause of action does not accrue until discovery of facts constituting fraud.
Municipal Liability/Sovereign Immunity
State retains sovereign immunity, except as provided by statute. Claims against municipalities permitted but governed by statutes with respect to types of cases and amounts of recovery.
Discovery Rule
Standard rule applies except see medical malpractice.
Comparative Negligence
Plaintiff may recover damages unless they are more than 50% responsible.
Charitable Immunity
Abolished
Disabilities
SOL runs from end of disability. Maximum 5 years unless infant (18th birthday). Disabled minors can bring an action within two years after the disability ceases, but that allowance does not apply to actions against health care providers.
Punitive Damages
In cases of malice or intentional disregard for plaintiff's rights. Clear and convincing for negligence cases. Punitive damages not available where no award of actual damages.
No-Fault Insurance
None
Other Relevant Information
years for mining related injuries.
Consumer Fraud Complaint
Wisconsin Department of Justice, Consumer Protection
http://www.doj.state.wi.us/columns/index.asp
(608)266-1221

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