Key facts: Wisconsin
- Wrongful death deadline
- 3 years
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. Wisconsin follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for Wisconsin
Three years for PI under § 893.54(1m). Wrongful death is generally three years from the date of death, but only two years for wrongful death arising from a motor vehicle accident. Government tort claim notice is required within 120 days under § 893.80.
Related: Wisconsin comparative negligence rule
Wisconsin follows a modified 51% bar rule. Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the negligence of the person against whom recovery is sought. The plaintiff’s fault is compared individually to each defendant, not the combined defendants, for the bar analysis.
Read the full Wisconsin comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Wisconsin attorney before relying on it.