Understanding the Statute of Limitations and Your Personal Injury Case

If you’re hurt in an accident, the law doesn’t give you unlimited time to take legal action. Every state has a deadline, called the statute of limitations, that determines how long you have to file a lawsuit. Missing this window can mean losing the right to seek compensation entirely, no matter how strong your case might be.

In Wisconsin, the statute of limitations for personal injury cases depends on several factors, including the type of claim, who is being sued, and whether any exceptions apply. Understanding how this law works is essential to protect your rights.

Why Does Wisconsin Have a Statute of Limitations?

Statutes of limitations exist for a few important reasons:

• Encouraging prompt action: Evidence is easier to find and more reliable soon after an incident. Witnesses’ memories fade, and physical evidence can disappear.
• Fairness to all parties: Defendants shouldn’t have to defend themselves decades after an event, when they may no longer have access to records or proof.
• Promoting efficient court systems: Filing deadlines help courts manage cases promptly and prevent old claims from clogging the system.

Without a statute of limitations, legal disputes could remain open indefinitely. By setting a clear time frame, the law ensures that cases move forward while evidence remains fresh and reliable.

What is the Statute of Limitations for Personal Injury Cases in Wisconsin?

In most Wisconsin personal injury cases—including car accidents, slip and falls, and other negligence claims—you generally have three years from the date of the injury to file a lawsuit.

Here are a few examples:

• Car accident injuries: Three years from the date of the crash.
• Slip and fall or premises liability: Three years from the date of the injury.
• Product liability injuries: Typically, three years from the date of injury, though there may be variations if the defect is discovered later.
• Wrongful death: Generally, three years from the date of the person’s death, though certain circumstances may shorten or extend this period.

It’s important to note that “filing a lawsuit” differs from starting an insurance claim. While you can negotiate with an insurance company before going to court, you risk losing your claim entirely if you approach the three-year deadline without a filed complaint.

Tolling the Statute of Limitations

“Tolling” means pausing or delaying the running of the statute of limitations. Wisconsin law recognizes several situations where the clock may stop temporarily:

• Injury to a minor: If the injured person is under 18 at the time of the accident, the statute of limitations generally doesn’t begin until their 18th birthday.
• Mental incapacity: If the injured person is legally mentally incompetent during the incident, the deadline may be extended until they regain capacity.
• Defendant leaves the state: If the at-fault party leaves Wisconsin before a lawsuit is filed, the period of absence may not count toward the statute of limitations.

While tolling can extend your time to file, these rules have limits. For example, even with tolling for minors, Wisconsin law generally sets an outer limit to prevent indefinite delays. Consulting a lawyer early can help determine whether tolling applies to your situation.

Suing the Government

The rules change significantly if your injury claim involves a Wisconsin state agency, a local government, or a government employee acting in an official capacity.

Under Wisconsin law, you must follow strict notice requirements before filing a lawsuit. Typically, you must:

1. File a written notice of claim with the appropriate government body within 120 days of the incident.
2. Wait for the government to formally deny the claim (or fail to act within the legal time frame) before filing a lawsuit.

The statute of limitations for suing a government entity is generally shorter than for other defendants, and missing these procedural steps can completely bar your case. Because the requirements are technical and time-sensitive, having an attorney handle the process from the start is best.

Statutes of Repose

While statutes of limitations are triggered by the date of injury or discovery of the harm, statutes of repose work differently. They set an absolute deadline based on the date of a specific event, regardless of when the injury occurs or is discovered.

For example, in some Wisconsin product liability cases, a statute of repose limits lawsuits to within a certain number of years after the product was manufactured or sold—even if the defect doesn’t cause harm until later.

Statutes of repose can be especially harsh because they may bar a claim before the injured person even realizes they have one. This is another reason why early legal advice is critical.

Don’t Let the Clock Run Out

The statute of limitations may sound straightforward, but exceptions, technical rules, and special laws can complicate it. Deadlines vary depending on the type of claim, the parties involved, and factors like age or capacity. 

A personal injury lawyer can determine your filing window, gather evidence before it’s lost, and ensure all legal steps are met. Acting quickly improves your chances of success—waiting can mean missing witnesses, losing records, or weakening your case.

For help, contact Eisenberg Law Offices, S.C. at (608) 256-8356 to schedule a free consultation with a Wisconsin personal injury attorney.