Wisconsin's Statute of Limitations
Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.
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. 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 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.
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.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
The materials at this web site have been prepared by our Law Firm for information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. These materials do not, and are not, intended to constitute legal advice. Readers should not act upon this information without seeking professional counsel. The information provided at this site is subject to change without notice. Although we try to keep our site current and accurate, you should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.
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