When you are hurt in Wisconsin, time does not pause while you heal. The law gives you only a set number of years to file a personal injury claim. If you miss that deadline, the court can refuse to hear your case. That means no settlement, no trial, and no second chance. This time limit is called the statute of limitations. It can change based on who hurt you, how you were hurt, and how old you were at the time. You may feel confused or drained already. Yet knowing these rules protects your right to payment for medical bills, lost wages, and pain. This guide explains how Wisconsin’s deadlines work, common mistakes that cost people their claims, and when you need help from Wisconsin personal injury attorneys so you do not run out of time.
What “statute of limitations” means for you
A statute of limitations is a filing deadline. It sets how long you have to start a lawsuit in court. It does not measure how long a claim with an insurance company takes. It only measures how long you have to file the court case if talks break down.
Once the deadline passes, you usually lose the right to ask a court for help. The facts of your injury might be strong. The harm to you might be clear. The court can still turn you away because the clock ran out.
Basic Wisconsin time limits for personal injury
Wisconsin law sets different time limits for different types of cases. The main rules for personal injury come from Wis. Stat. § 893.54.
| Type of claim | General time limit | When the clock usually starts |
|---|---|---|
| Most personal injury (car crashes, falls, other negligence) | 3 years | The date of the injury |
| Property damage from an accident | 6 years | The date of the damage |
| Wrongful death | 3 years | The date of death |
| Claims against many government bodies | Shorter limits and notice rules | Often the date of the event |
These numbers look simple. They are not always simple in practice. Special rules for children, hidden injuries, and government defendants can change the real deadline.
How the “clock” starts and stops
In many cases the clock starts on the day you are hurt. You slip in a store. A driver hits your car. A product fails. The date of that event is usually day one.
Sometimes the harm is not clear right away. Wisconsin sometimes uses a “discovery” rule. That means the clock can start when you knew or should have known that:
- You were hurt
- Someone else likely caused that harm
This rule often comes up in medical injury and toxic exposure cases. It can also cause arguments. An insurance company may say you should have known earlier. You may feel you could not have known. The court may have to decide.
Special rules for children and people with limits
Wisconsin gives different deadlines when the injured person is a child. Under Wis. Stat. § 893.16, the time limit can pause for children and some adults with certain limits.
For many injury claims by children:
- The clock may start when the child turns 18
- There is often a cap on how long the pause can last
- Different rules can apply to medical injury and to claims against government bodies
Parents sometimes think the child “has time” and wait. Evidence fades. Witnesses move. Photos get lost. The legal deadline might still be far off. The practical chance to prove the claim can vanish much sooner.
Shorter deadlines for claims against government bodies
Claims against a city, county, school, or the state often have much shorter timelines. You may need to give written notice to the government body before you can file a lawsuit. The notice can have strict content rules and short time limits.
If the injury involves a government worker or property, you should:
- Keep every letter you receive
- Write down the dates of the event and your first medical visits
- Ask early about notice of claim rules
Missing a notice deadline can end your claim even if the longer statute of limitations has not run out yet.
Common mistakes that cost families their claims
Certain patterns repeat. People with strong claims lose them because of avoidable timing errors. Some of the most painful mistakes include:
- Waiting to see “how you feel” before talking to anyone about deadlines
- Relying on an insurance adjuster’s verbal promise that “there is no rush”
- Assuming a child’s claim can wait until they turn 18 without checking the law
- Not realizing a government body is involved
- Filing in the wrong court or against the wrong party near the deadline
You protect your claim when you treat the statute of limitations as a hard line. You can always slow down negotiations later. You cannot rewind the clock once the deadline passes.
Why early action helps your health and your case
Prompt action supports both your recovery and your legal rights. When you move early you can:
- Document your injuries with medical records that match the event date
- Collect photos, videos, and witness statements while memories are clear
- Track costs such as medical bills and lost wages from the start
Early steps do not force you into a lawsuit. They give you the choice to file one if you need it. They also give you a stronger voice in any talks with an insurance company.
How to protect yourself and your family
You do not need to memorize statute numbers. You do need a simple plan when any injury happens.
- Get medical care as soon as you can
- Write down dates, locations, and names of witnesses
- Save bills, notices, and letters in one folder
- Check the basic Wisconsin deadlines on official sources
You can review state law yourself at the official Wisconsin Legislature site. One helpful starting point is the section on Chapter 893 Statutes of Limitation. You can also look at public legal guides from schools such as the University of Wisconsin Law School for general education.
Final thoughts on Wisconsin’s time limits
Wisconsin’s statute of limitations rules can feel harsh. The law does not wait for your pain to ease. It expects you to act within set time frames even while you heal and work and care for family.
You do not control how you were hurt. You can control how you respond to the clock. When you know the deadlines, collect proof early, and seek guidance when needed, you give yourself and your family a fair chance to be heard.