Wisconsin Personal Injury Laws

Wrongful death actions generally have a 3-year statute of limitations.

Motor vehicle-related wrongful death has a shorter 2-year statute of limitations.

The statute is tolled for minors until they reach age 18. They then have 2 years to file. Note: this tolling does NOT apply to medical malpractice claims.

Claims against municipalities require written notice within 120 days, stating time, date, location, circumstances, and persons involved. Failure to give notice bars the claim. Government liability is capped at $50,000 for municipalities and $250,000 for the state.

Wisconsin does NOT cap non-economic damages in general personal injury cases. Caps exist only for medical malpractice ($750,000) and wrongful death ($350,000 adult / $500,000 minor).

Wrongful death claims for loss of society and companionship are capped at $350,000 for adults and $500,000 for minors.

Punitive damages are capped at the greater of 2 times compensatory damages or $200,000. Exception: no cap when the defendant was operating a vehicle while intoxicated.

Employers and owners of public buildings have a heightened, non-delegable duty to maintain premises in as safe a condition as the nature of the premises reasonably permits. This is stricter than ordinary negligence — constructive knowledge of defects may be inferred from failure to inspect. A major additional theory of liability in Wisconsin premises cases.