Wisconsin Statute of Limitations

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within three years of that date.

Personal Injury Actions

These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within three years of the date that the act giving rise to the injury occurred or within one year from the date that the injury was, or should have been, discovered. In no event may a person file a medical malpractice claim more than five years from the date that the act giving rise to the injury occurred. The five-year restriction does not apply in cases involving fraudulent concealment of the malpractice. In the case of a minor, suit must be filed by the minor's 10th birthday or within the general medical malpractice limitations period, whichever is later.

Medical Malpractice Actions Based on Insertion of Foreign Object

These types of medical malpractice actions must be brought within: 1.) the three-year limitations period for medical malpractice actions; or 2.) one year of the date when the patient is aware, or should have been aware, of the presence of the object, whichever is later.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date the plaintiff reasonably should have known of the injury and its probable cause.

Special Rules for Minors

Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file suit.

Workers' Compensation

A workers' compensation claim must be filed within twelve years from the date of injury or death, or twelve years after the date that compensation was last paid.

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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.