Deadlines to File an Injury Lawsuit in Wisconsin

Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.

Six years for an action (not arising on contract) for injury to real or personal property. Property damage from a motor vehicle accident has a three-year deadline.

The later of three years from the date of injury, or one year from when the injury was or reasonably should have been discovered, but no more than five years after the act or omission. If the provider concealed a prior act or omission, the patient has one year from discovering the concealment (if later). For a foreign object left in the body, one year from when the patient became or should have become aware of it (if later).

Three years for an action for death caused by the wrongful act, neglect or default of another. If the death arose from a motor vehicle accident, the deadline is two years after the cause of action accrues.

Local governments: written notice of the circumstances of the claim must be served within 120 days after the event (failure is excused if the government had actual notice and was not prejudiced), and an itemized claim must be presented and disallowed before suing. The claim is treated as disallowed if not acted on within 120 days, and the lawsuit must be filed within 6 months after notice of disallowance. Recovery against local governments is capped at $50,000 ($25,000 against volunteer fire companies). State employees: written notice of claim must be served on the attorney general within 120 days of the event; recovery is capped at $250,000 and no punitive damages are allowed.