WISCONSIN

Negligence / Personal Injury
3 Years The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54
Toxic Tort
3 Years The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54
Wrongful Death
3 Years The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54
Medical Malpractice
3 Years (1m) Except as provided by subs. (2) and (3), an action to recover damages for injury arising from any treatment or operation performed by, or from any omission by, a person who is a health care provider, regardless of the theory on which the action is based, shall be commenced within the later of:(a) Three years from the date of the injury, or(b) One year from the date the injury was discovered or, in the exercise of reasonable diligence should have been discovered, except that an action may not be commenced under this paragraph more than 5 years from the date of the act or omission. Wis. Stat. Ann. § 893.55
Products Liability
3 Years

The following actions shall be commenced within 3 years or be barred:
(1) An action to recover damages for injuries to the person.
(2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another. Wis. Stat. Ann. § 893.54

Discovery:

The discovery rule established that a tort claim accrues for the purposes of the statute of limitations “on the date the injury is discovered or with reasonable diligence should be discovered, whichever occurs first.” Hansen, 113 Wis.2d at 560, 335 N.W.2d 578. The Hansen court declared that “[i]t is manifestly unjust for the statute of limitations to begin to run before a claimant could reasonably become aware of the injury.” Hansen, 113 Wis.2d at 559, 335 N.W.2d 578.

Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212, 225, 601 N.W.2d 627, 633 (1999)

Intentional Torts
2 Years
Fraud
6 Years The following actions shall be commenced within 6 years after the cause of action accrues or be barred:
(b) An action for relief on the ground of fraud. The cause of action in such case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Wis. Stat. Ann. § 893.93
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

MANHATTAN OFFICE

59 Maiden Lane, 6th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000