Every personal injury claim in Wisconsin has a deadline. Miss it, and you lose the right to sue — permanently, regardless of how strong your case is. Understanding the statute of limitations is the first thing anyone with a potential claim needs to know.
The General Rule: Three Years
Wisconsin’s general statute of limitations for personal injury claims is three years from the date of the injury. This applies to most car accidents, slip and fall cases, and other injury claims against private individuals or businesses.
Important Exceptions
Claims against government entities — If your claim is against a Wisconsin municipality, county, or state agency, the deadline is much shorter. You must file a formal notice of claim within 120 days of the injury. Missing this notice requirement bars your claim entirely, even if the three-year period hasn’t expired.
Wrongful death — three years from the date of death under Wis. Stat. § 893.54(1m)(b), but only two years where the death arose from an accident involving a motor vehicle, under § 893.54(2m). This is the deadline most often missed, because the shorter period applies to precisely the cases families are least able to think about quickly.
Medical malpractice — Three years from the date of the act or omission, or one year from the date the injury was discovered (or should have been discovered), whichever is later — but no more than five years from the act regardless.
Minors — For injuries to children, the statute of limitations generally doesn’t begin running until the child turns 18.
Don’t Wait
Even if the deadline hasn’t passed, waiting hurts your case. Evidence disappears. Witnesses forget. Surveillance footage gets overwritten. The sooner you contact an attorney, the better your evidence is preserved and the stronger your position.
Attorney Christopher Carson handles personal injury cases throughout Milwaukee and Waukesha counties. Call (262) 860-8932.
Related Articles
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Personal injury practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Slip and Fall Accidents in Wisconsin: What You Need to Prove · What to Do After a Car Accident in Wisconsin
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.