Wisconsin Statute of Limitations

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

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For Statute of Limitations

• Negligence - 3 yrs. after suffering injury
  
• Medical Malpractice - Against health care providers = within 3 yrs. of date of act giving rise to injury OR within 1 yr. from date the injury was or should have been discovered; cannot file claim more than 5 yrs. from date of act. Minors = must file by minor’s 10th birthday or within the general med. mal. limitations period (whichever is longer). Actions based on insertion of foreign object = within 1 yr. of date when patient is aware or should have been aware of presence of object (whichever is later).
  
• Product Liability – 3 years after suffering injury
  
• Wrongful Death – 3 years after date of death
  
• Survival – Statute is governed by the five-year statute of limitations 
  

Caps on attorney fees: Sliding scale, not to exceed 1/3 of first $1 million, or 25% of $1 million recovered if liability is stipulated within time limits, 20% of any amount exceeding $1 million.

Caps on damages – Wisconsin Statute of Limitations Laws

• Medical Malpractice— Wisconsin has established a $350,000.00 cap on noneconomic damages. This amount increases to $500,000.00 for cases involving the death of a minor.
  
• Product Liability – $1 million limitation on noneconomic damages, annually adjusted
  The same as above applies to pharmaceutical cases.
  
• 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

Contact Our Wrongful Death Lawyers Today »

Wisconsin Trial Lawyers Association
44 E. Mifflin Street, Suite 402
Madison, WI 53703
608-257-5741
http://www.watl.org 

Hill Farms State Transportation Building
4802 Sheboygan Ave – Room 551
PO Box 7912
Madison, WI 53707-7910
608-266-3212
http://www.dot.state.wi.us/statepatrol/