Statutes of Limitations in Wisconsin

NOTE: State legislation has made health professionals immune to malpractice claims during the COVID-19 public health emergency, provided that the professional was acting in good faith.

What Is the Statute of Limitations in Wisconsin?

The statute of limitations in Wisconsin, which outlines how long you have to take legal action, typically ranges from two to six years depending on the type of case. The average time limit for most civil cases is three years.

State of Wisconsin Statutes of Limitations at a Glance

Wisconsin Statute of Limitations for Personal Injury

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The Wisconsin statute of limitations for personal injury claims gives victims three years after the incident in question to file a personal injury lawsuit.

Wisconsin Statute of Limitations for Negligence

The statute of limitations for negligence claims in Wisconsin is three 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

Toxic tort claims after covered by the same statute as negligence cases.

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)

What Is the Wisconsin Statute of Limitations for Medical Malpractice?

The statute of limitations for medical malpractice claims in Wisconsin is three 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)

Product 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)

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.” The state Supreme 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 v. A.H. Robins Company Inc., 113 Wis.2d at 560, 335 N.W.2d 578)

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)

Child Sex Abuse

In Wisconsin, the statute of limitations for child sex abuse claims is capped at age 35.

Mining-Related Injuries

3 Years

Municipal Liability/Sovereign Immunity

The state of Wisconsin is immune to prosecution, with a few exceptions outlined in specific statutes. Claims against municipalities are permitted, but restrictions on types of cases and amounts of damages may apply.

Is Wisconsin a Comparative Negligence State?

Wisconsin is a comparative negligence state, following the modified comparative negligence doctrine. This means that if you are more than 50% responsible for your own injuries, you may not recover damages, and if you are at all responsible for your injuries, the amount of your recovery will be reduced by your percentage of fault.

Charitable Immunity

Charitable organizations are not immune to prosecution in Wisconsin.

Legal Disabilities

In cases of plaintiffs with a legal disability, the statute of limitations runs from the end of this disability and extends for a maximum of five years. In cases involving minor plaintiffs, action may be brought until they reach age 20.

Punitive Damages

Punitive damages are allowed in cases of malice or intentional disregard for the plaintiff’s rights. There must be clear and convincing evidence for negligence cases. Punitive damages are not available if there is no award of actual damages.

No-Fault Insurance

Wisconsin is not a no-fault state.

Consumer Fraud Complaints

The Wisconsin Department of Agriculture, Trade, and Consumer Protection handles consumer fraud complaints. Contact them at 1-800-422-7128 or file a complaint online.

Frequently Asked Questions