Wisconsin Personal Injury Statutes of Limitations and Notice Requirements

When you’re injured because of someone else’s negligence, you and your personal injury lawyer only have a limited time to take legal action. These legal time limits, called statutes of limitations, are strict deadlines.

If you miss them, your right to pursue compensation is permanently lost, no matter how strong your case may be, how serious your injuries are, or how clearly the other party was at fault.

Wisconsin uses different deadlines depending on the claim type, and some include strict notice requirements that can bar your case before you ever reach court.

Understanding these rules and working with a personal injury lawyer is essential to protecting your case. Here’s what you need to know.

Wisconsin’s Three-Year Rule for Most Injury Claims

Under Statute 893.54, Wisconsin generally allows three years from the date of injury to file a lawsuit for:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip-and-fall or trip-and-fall injuries
• Product liability claims
• General personal injury cases

Whether your injury occurred in Appleton, Neenah, Menasha, or elsewhere in the Fox Valley, or anywhere in Wisconsin, the three-year clock typically begins ticking on the day the harm occurs.

Wrongful Death Claims

Wrongful death lawsuits also must be filed within three years, except for a key exception: A motor vehicle-related wrongful death is two years from the date of death.

This shorter deadline comes as a surprise to many families, making early legal guidance even more crucial.

Medical Malpractice: Three Years With Exceptions

Medical malpractice works differently from other personal injury claims. Statute 893.55 outlines:

• Standard Deadline: You must file within three years of the negligent act or omission.
  
• Discovery Rule Extension: If the injury was not immediately known, you may have up to one year from the date the injury was discovered, as long as it is within five years of the negligent act.
  
• Absolute Deadline (Statute of Repose): No medical malpractice lawsuit can be filed more than five years after the alleged negligence, regardless of when the injury is discovered.

Because medical malpractice injuries often develop slowly or involve complex medical records, it’s easy to miss these deadlines.

Claims Against Government Entities: Strict Notice Requirements

If your injury involves a city, county, school district, or other government entity, Wisconsin law requires additional steps before filing a lawsuit.

Step 1: Notice of Injury and Claim

Under Statute 893.82, you must file a written notice of injury with the appropriate government agency within 120 days of the incident. Failing to do so can result in your case being dismissed, even if you file a lawsuit later within the normal statute of limitations.

You must submit a formal notice of claim that states:

• The circumstances of the claim
• The relief or compensation you seek
• Your address

The government then has 120 days to respond.

Step 2: Filing the Lawsuit

Once the formal claim is denied, or 120 days pass without action, you generally have six months to file your lawsuit. Government claims are among the most time-sensitive cases in Wisconsin. Even a minor paperwork error can cost you the right to recover damages.

Exceptions That May Shorten or Extend Filing Deadlines

There are a few circumstances where Wisconsin may extend the statute of limitations for injury victims. These include:

The Discovery Rule

Not all injuries are immediately apparent. Wisconsin allows delayed filing when:

• The injury is hidden, internal, or not reasonably discoverable
• The victim learns about the injury later through medical diagnosis or symptoms

Minors or Mental Incapacity

If the injured person is a minor, Section 893.16:

• Pauses the filing deadline until their 18th birthday
• Provides two years after turning 18 to bring a claim

If a victim is legally mentally incapable of managing their affairs when the injury occurs, Wisconsin law may extend the filing period until the incapacity ends.

The Risks of Waiting Too Long

Even when you technically still have time left, delaying a claim can cause serious harm to your case. Here’s why:

• Physical evidence deteriorates (skid marks fade, defective products are repaired or discarded).
• Witness memories fade or become inconsistent.
• Video footage is overwritten by businesses or municipalities.
• Insurance companies build a defense long before a claim is filed.

The sooner your lawyer begins investigating, the stronger your case will be.

Protect Your Rights—Contact Brian Hodgkiss Injury Lawyers Today

Statutes of limitations and notice requirements in Wisconsin leave zero room for error. Missing a deadline in Wisconsin, even by a day, can permanently block your right to compensation.

If you’ve been injured in a car accident, slip-and-fall, medical incident, or any other situation, contact our experienced personal injury lawyers at Brian Hodgkiss Injury Lawyers as soon as possible. We’ll evaluate your timeline, preserve critical evidence, and ensure every legal deadline is met.

Contact us today for a free consultation and protect your right to compensation.