What is the personal injury statute of limitations in Wisconsin?

1. General Personal Injury

Wis. Stat. § 893.54 imposes a 3-year SOL for personal injury actions, running from accrual.

2. Wrongful Death

Wis. Stat. § 893.54(2) imposes a 3-year SOL for wrongful death claims, running from the date of death.

3. Medical Malpractice

Wis. Stat. § 893.55 imposes the later of 3 years from injury or 1 year from discovery, capped by a 5-year statute of repose. Minors under 10 have until age 10 or the applicable SOL, whichever is later.

4. Discovery Rule

Wisconsin applies the discovery rule (Hansen v. A.H. Robins) when the injury or its cause was not reasonably discoverable; the SOL runs from discovery.

5. Minor / Disability Tolling

Wis. Stat. § 893.16 tolls SOL during minority and mental illness; plaintiff has 2 years from disability removal to sue (subject to the medical malpractice 5-year repose).

6. Government Defendant

Wis. Stat. § 893.80 requires written Notice of Claim within 120 days of the event. Suit must be commenced within 3 years. Damages capped at $50,000 for cities/counties; $250,000 for state.

7. Product Liability

Wis. Stat. § 895.047 governs products liability with a 15-year useful-safe-life presumption rather than a hard repose.

8. Equitable Tolling / Fraudulent Concealment

Fraudulent concealment is recognized as a basis for tolling; the plaintiff must show defendant prevented discovery.

9. Borrowing Statute

Wis. Stat. § 893.07 borrows the foreign state's SOL where the cause arose if shorter than Wisconsin's.

This is legal information, not legal advice.